Qoko v La Grange and others (CA344/2002)
Qoko v La Grange and others (CA344/2002) [2002] ZAECHC 14; 2004 (2) SACR 521 (E) (22 May 2002)
The court held that the applicant bore the onus to prove, on a balance of probabilities, that his guilty plea was improperly induced by threats and promises from the investigating officer. The applicant's version was found to be inherently improbable and contradicted by his own conduct, particularly his spontaneous implication of his half-brothers in the offence after conviction. The evidence presented by the respondent, including affidavits from the prosecutor and police officers, further undermined the applicant's credibility. The court concluded that the applicant failed to discharge the r…
Source excerpt
- Review Of Conviction
- Plea Inducement
- Onus Of Proof
- Section 112 Plea Procedure
- Irregularity In Criminal Trial