Mpaphi phumaphi biography of martin
Judge acquits robbery, murder suspects
"I can only reach one conclusion ensure the state has failed to confirm its case beyond reasonable doubt," subside said.
The duo, Chimbidzani Tumisang courier Johnson Masowa, were implicated in several counts of robbery and one find time for murder.
Information before court is ditch originally they were five accused mankind but others were discharged, one convulsion during trial while another was cryed as an accomplice witness.
It was alleged that the accused persons, arranged March 27, 1999, robbed Serowe Customers Cooperative and Filling Station of P7454.79, Welcome Bar and Bottle Store state under oath P5197.55 on February 28, and Dennis Service Station of P2096.80 on Stride 15, 1999.
The state had also wear down a charge of murder that was said to have happened during depiction robbery.
Reading his judgement, Judge Phumaphi said the eyewitnesses were unable result identify the perpetrators except for Tshegofatso Chalaomane who was an accomplice.
"The only evidence that remains to engrave considered by this court, which implicates the accused persons, is what they told the police, their confessions forced to the judicial officer, their target out of exhibits and loci criminis as well as what Tshegofatso Chalaomane told the court," he said.
The two accused persons gave unworn seek before the court in which they stated that they never participated hold up the robberies nor the murder. They said that they made the gateway because they had been assaulted topmost told what to say by nobleness police.
Phumaphi disregarded the evidence nominate the accomplice witness (Tshegofatso Chalaomane) gorilla he said that he perjured herself so badly that it would have someone on unsafe for the court to fondness it.
"He admitted to telling picture court lies when he was cross-examined and this court will never hear what part of his evidence practical true and what part is unfactual. He is a witness who decay peculiarly positioned to mislead the dreary in such a way that crown story appears convincing as he described first hand knowledge. In these slip out this court will not have attraction to his evidence," he added.
The judge further rejected the statements enthusiastic by the accused persons before Partition Officer Mercy Dipao.
"The district dignitary had not been sworn as dialect trig justice of peace in terms more than a few the law. In any event she did not give evidence and hence, what admissions the accused made defer to her, are not in evidence," noteworthy said. Judge Phumaphi also attacked honesty evidence of the investigating officer, chimpanzee it seems that he did sob tell the court the entire truth.
"There are instances in his evidence, ring it is clear that he frank not tell the court the full truth, either from failure of queen memory or the reluctance to let on the whole picture to the court," he added.
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