Technical issues free convicted rapists

Tuesday, April 26, 2016

The Court of Appeal is the judicial system's final resort

The Court of Appeal freed two rapists during its last sitting, citing irregularities during their trials. First to taste the freedom was 31-year-old Mpho Molefi who was charged with defiling a 15-year-old girl and impregnating her in the process.

Freeing the convict, Justice Isaac Lesetedi said despite the appellant being convicted of defilement on the basis of scientific evidence, there were irregularities that occurred during his trial.

He explained that there was a misdirection of law by the trial court in not advising the accused who was unrepresented, about the availability to him of the special defences. The special defences include Molefi choosing to say he was unaware that the complainant was below the legal age of consent.

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