S v Sejake (28/2022) [2022] ZAFSHC 265 (15 September 2022)

S v Sejake (28/2022) [2022] ZAFSHC 265 (15 September 2022)

The court found that the State witnesses, who all knew the accused well, reliably placed him at the scene of the crime on 24 September 2021. Despite minor contradictions and the fact that alcohol was consumed, the witnesses corroborated each other on material aspects, including the accused's presence, his provision of his bank card and PIN, and his actions before and after the murder. The accused's alibi was unsupported by any corroborating witnesses, including family members who could have confirmed his presence at the funeral. The accused's admissions to police officers and his conduct during the pointing out were found to be voluntary and credible. The defence's criticisms of the...

Citation
[2022] ZAFSHC 265
Parties
Applicant: The State; Respondent: Molefi Solomon Sejake
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 September 2022
Case Number
28/2022
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty of murder with dolus directus intention, read with section 51(2) and Part II of Schedule 2 of Act 105 of 1997, as amended.
Judges
Africa
Legal Topics
Murder, Identification Evidence, Alibi Defence, Admissions, Onus of Proof, Credibility of Witnesses
Criminal Law Murder Identification Evidence Alibi Defence Admissions Onus of Proof Credibility of Witnesses

Case Brief

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Parties

The State

Applicant

Molefi Solomon Sejake

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the State proved beyond a reasonable doubt that the accused was present at the scene on 24 September 2021 and unlawfully and intentionally killed the deceased.
  2. 2 Whether the accused's alibi defence is reasonably possibly true.
  3. 3 Whether the identification evidence is reliable given the consumption of alcohol and contradictions among witnesses.

Ratio Decidendi

The court found that the State witnesses, who all knew the accused well, reliably placed him at the scene of the crime on 24 September 2021. Despite minor contradictions and the fact that alcohol was consumed, the witnesses corroborated each other on material aspects, including the accused's presence, his provision of his bank card and PIN, and his actions before and after the murder. The accused's alibi was unsupported by any corroborating witnesses, including family members who could have confirmed his presence at the funeral. The accused's admissions to police officers and his conduct during the pointing out were found to be voluntary and credible. The defence's criticisms of the...

Court Disposition

The accused is found guilty of murder with dolus directus intention, read with section 51(2) and Part II of Schedule 2 of Act 105 of 1997, as amended.

Orders

  • The accused is convicted of murder as charged.
  • The matter is to be referred for sentencing in accordance with the applicable statutory provisions.