Police used back door evidence - Judge

Patricia Edwin
Staff Writer | Wednesday May 15, 2013 00:00

Justice Makhwade was passing judgement in an appeal case in which the appellant said the police had met the so-called independent witness when the accused person was pointing out the crime scene.

Lesego Keitsheletse was jailed for 10 years after allegedly dragging a woman to a river where he raped her.   'As part of the prosecutions case, they called a member of the public who testified that she met the police together with the appellant going towards the stream and she was invited to go and witness,' said the judge.

Though Makhwade's final decision was to confirm the conviction and sentence he showed disconcert at the way the police used this 'independent witness' to make part of their case. 'In his judgment, the magistrate pointed out that the appellant pointed the scene of crime to the police in the presence of the so-called independent witness and it is the appellant's position that this type of evidence should not have been used against him and I agree with him in this regard,' Makhwade said.  He said nothing was discovered by the police as a result of the so-called pointing.

'What the police did was through the back door by inviting a member of the public to witness the so-called pointing out and then to induce a confession through the back door. 'This kind of approach is clearly not consistent with our criminal justice system,' said the judge.

He further stated that for a confession to be taken into account, it should be in terms of the appropriate section of the criminal procedure and evidence act and he (Justice Makhwade) disregarded that piece of evidence. During trial the evidence of the complainant was that the appellant dragged her to a river where he assaulted her and had sexual intercourse with her against her will.

The appellant also questioned the evidence that someone held her hands while he raped her. The appellant mostly challenged the evidence of the complainant and other witnesses.  'It is my considered view on the totality of evidence that the evidence did not have any contradictions.

'The magistrate, who had the opportunity to see and listen to this witness, concluded that the complainant was a credible witness and believed her evidence,' he said.