Selota v S (A700/2016) [2017] ZAGPPHC 112 (28 February 2017)

Selota v S (A700/2016) [2017] ZAGPPHC 112 (28 February 2017)

The appeal court found no basis to interfere with the trial court's factual and credibility findings. The evidence of the state witnesses was consistent and corroborated by the expert testimony of Dr. Nkondo, who confirmed that the appellant was positioned in front of the vehicle and fired at close range, indicating intent. The appellant's version was found to be inherently improbable and not reasonably possibly true, especially given the physical evidence and contradictions in his testimony. The trial court's holistic evaluation of the evidence was correct, and the appellant failed to demonstrate any material misdirection or error. Accordingly, the conviction stands.

Citation
[2017] ZAGPPHC 112
Parties
Appellant: Abel Kotikoti Selota; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2017
Case Number
A700/2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction Only
Outcome
Appeal dismissed; conviction upheld.
Judges
SA Thobane, MHE Ismail, CP Rabie
Legal Topics
Murder, Attempted Murder, Self Defence, Credibility of Witnesses, Evaluation of Evidence
Criminal Law Murder Attempted Murder Self Defence Credibility of Witnesses Evaluation of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Abel Kotikoti Selota

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Only

Legal Issues

  1. 1 Whether the appellant acted in self-defence or necessity when shooting the deceased.
  2. 2 Whether the appellant had the intention to kill or attempt to kill his ex-wife and daughter.
  3. 3 Whether the trial court erred in its credibility and factual findings.

Ratio Decidendi

The appeal court found no basis to interfere with the trial court's factual and credibility findings. The evidence of the state witnesses was consistent and corroborated by the expert testimony of Dr. Nkondo, who confirmed that the appellant was positioned in front of the vehicle and fired at close range, indicating intent. The appellant's version was found to be inherently improbable and not reasonably possibly true, especially given the physical evidence and contradictions in his testimony. The trial court's holistic evaluation of the evidence was correct, and the appellant failed to demonstrate any material misdirection or error. Accordingly, the conviction stands.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • The appeal is dismissed.