Supreme Court of Appeal acquits man after 16 years in prison
The SCA has acquitted a man who was sentenced to life in prison for murder and robbery. According to a News24 report, Daniel Mahlalela's murder and robbery conviction was set aside after he had spent 16 years in prison. Mahlalela, along with two other people, who were not part of his appeal, were charged with murder, robbery with aggravating circumstances, and possession of a firearm.
Mahlalela was convicted by the Gauteng High Court (Pretoria) in 2000. Mahlalela unsuccessfully applied for leave to appeal for both his conviction and sentence. He had pleaded not guilty during his trial. He also chose not to testify in the case.
His defence had argued that the state failed to prove beyond reasonable doubt that Mahlalela had robbed and killed the deceased or that he acted in common purpose with the others to commit these offences. The state said Mahlalela's failure to testify became proof, ‘beyond reasonable doubt’, that he was complicit in the offences committed.
However the SCA said: ‘Silence cannot and must not be used to supplement the state's case where there is no evidence upon which a reasonable person would convict.’
The SCA also found that the state presented no eyewitness or forensic evidence that linked Mahlalela to the incident.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
