One of the co-accused in the “Modimolle Monster” case has filed a request for leave to appeal at the highest court in the land‚ claiming that the court neglected to apply the cautionary approach.
Pieta Mohlake‚ who was convicted for kidnapping‚ four counts of rape and attempted murder‚ was sentenced to 10 years in prison for kidnapping and life imprisonment for rape.
Mohlake formed part of the co-accused in the case against Johan Kotze‚ who was found guilty and sentenced for the multiple rape‚ kidnap and attempted murder of his ex-wife Ina Bonette‚ and the murder of her son Conrad.
Kotze has also approached the Constitutional Court for leave to appeal. The state will oppose the application.
But Mohlake maintains his innocence and claims that his right to a fair trial was “violated“. He has been unsuccessful in his appeal to the high court and in his petitition to the Supreme Court of Appeal.
In an affidavit filed at the Constitutional Court on Monday‚ Mohlake believes that the petitioning judges at the SCA did not have the full record before them to make a decision.
He adds that the court made a mistake finding him guilty of rape because there was no DNA evidence linking him to that crime.
The cautionary rule‚ where the evidence of a single witness must be treated with caution‚ was also “neglected“‚ he adds.
“Material contradictions in the complainant’s evidence were selectively ignored whilst the trial court followed a compartmentalised and fragmented approach in the remainder of the complainant’s evidence‚” the affidavit said.
Experts explained that while the cautionary rule was abolished in sexual offences cases because of the perception that “women lie“‚ it still applies in the common law.
Jameela Omar‚ criminal justice lecturer at the University of Cape Town‚ explained that this case is “tricky” because there are so many co-accused and because it involves rape.
“This case is tricky because it involves a single witness in a sexual offence case‚ it will be interesting to see if any challenges involving credibility of women will seep back into the case‚” said Omar.
Johannesburg criminal attorney Cliff Alexander said that when it came to the cautionary rule it required the court to “be careful” of evidence presented by a single witness
‘Modimolle Monster’ co-accused claims right to fair trial ‘violated’
One of the co-accused in the “Modimolle Monster” case has filed a request for leave to appeal at the highest court in the land‚ claiming that the court neglected to apply the cautionary approach.
Pieta Mohlake‚ who was convicted for kidnapping‚ four counts of rape and attempted murder‚ was sentenced to 10 years in prison for kidnapping and life imprisonment for rape.
Mohlake formed part of the co-accused in the case against Johan Kotze‚ who was found guilty and sentenced for the multiple rape‚ kidnap and attempted murder of his ex-wife Ina Bonette‚ and the murder of her son Conrad.
Kotze has also approached the Constitutional Court for leave to appeal. The state will oppose the application.
But Mohlake maintains his innocence and claims that his right to a fair trial was “violated“. He has been unsuccessful in his appeal to the high court and in his petitition to the Supreme Court of Appeal.
In an affidavit filed at the Constitutional Court on Monday‚ Mohlake believes that the petitioning judges at the SCA did not have the full record before them to make a decision.
He adds that the court made a mistake finding him guilty of rape because there was no DNA evidence linking him to that crime.
The cautionary rule‚ where the evidence of a single witness must be treated with caution‚ was also “neglected“‚ he adds.
“Material contradictions in the complainant’s evidence were selectively ignored whilst the trial court followed a compartmentalised and fragmented approach in the remainder of the complainant’s evidence‚” the affidavit said.
Experts explained that while the cautionary rule was abolished in sexual offences cases because of the perception that “women lie“‚ it still applies in the common law.
Jameela Omar‚ criminal justice lecturer at the University of Cape Town‚ explained that this case is “tricky” because there are so many co-accused and because it involves rape.
“This case is tricky because it involves a single witness in a sexual offence case‚ it will be interesting to see if any challenges involving credibility of women will seep back into the case‚” said Omar.
Johannesburg criminal attorney Cliff Alexander said that when it came to the cautionary rule it required the court to “be careful” of evidence presented by a single witness
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Latest Videos