S v M and Others (2/2016) [2016] ZAFSHC 41 (18 March 2016)

S v M and Others (2/2016) [2016] ZAFSHC 41 (18 March 2016)

The court found that the identification evidence against accused 1 was unreliable, vague, and lacked corroboration. The police identification procedure was flawed, and the State failed to disprove the alibi. It would be unconstitutional to put accused 1 on his defence. In contrast, accused 2 admitted being at the scene and having sexual intercourse, though he claimed it was consensual. The complainant's evidence was corroborated by other witnesses, and accused 2's version was vague and lacked detail. The evidence against accused 2 was sufficient to require him to answer the charges. The applications were therefore granted for accused 1 and denied for accused 2.

Citation
[2016] ZAFSHC 41
Parties
Applicant: The State; Defendant: [T…….], [J……], [M……..]; Defendant: [M…….], [R…….], [M…….]
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 March 2016
Case Number
2/2016
Procedural Posture
Criminal Law Application / Section 174 Discharge Application at Close of Prosecution Case
Outcome
Accused 1 is discharged on all counts under section 174; accused 2's application for discharge is denied and he must proceed to answer the charges.
Judges
Opperman, AJ
Legal Topics
Section 174 Discharge, Identification Evidence, Alibi, Rape, Robbery With Aggravating Circumstances
Criminal Law Section 174 Discharge Identification Evidence Alibi Rape Robbery With Aggravating Circumstances

Case Brief

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Parties

The State

Applicant

[T…….], [J……], [M……..]

Defendant

[M…….], [R…….], [M…….]

Defendant

Procedural Posture

Criminal Law Application / Section 174 Discharge Application at Close of Prosecution Case

Legal Issues

  1. 1 Whether there is sufficient evidence against each accused to put them on their defence under section 174 of the Criminal Procedure Act.
  2. 2 Whether the identification evidence against accused 1 is reliable and sufficient.
  3. 3 Whether accused 2's own admissions and corroborating evidence justify refusal of discharge.

Ratio Decidendi

The court found that the identification evidence against accused 1 was unreliable, vague, and lacked corroboration. The police identification procedure was flawed, and the State failed to disprove the alibi. It would be unconstitutional to put accused 1 on his defence. In contrast, accused 2 admitted being at the scene and having sexual intercourse, though he claimed it was consensual. The complainant's evidence was corroborated by other witnesses, and accused 2's version was vague and lacked detail. The evidence against accused 2 was sufficient to require him to answer the charges. The applications were therefore granted for accused 1 and denied for accused 2.

Court Disposition

Accused 1 is discharged on all counts under section 174; accused 2's application for discharge is denied and he must proceed to answer the charges.

Orders

  • The application for discharge in terms of section 174 of the Criminal Procedure Act 51 of 1977 by accused 1 is granted on Counts 1, 2, and 3.
  • The application for discharge in terms of section 174 of the Criminal Procedure Act 51 of 1977 by accused 2 is denied on Counts 1, 2, and 3.