Wrongly Convicted Database Record

 

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Sixty-year-old Man

 

Charge:

Rape

Sentence:

15 years

Years Imprisoned:

2

Year Crime:

Year Convicted:

2005

Year Cleared:

2005

U.S. State or Country of Crime:

South Africa

County or Region of Crime:

City of Crime:

Port Shepstone

Result:

Judicially Exonerated Released

Summary of Case:

"Wrongly convicted of two rapes in Port Shepstone, South Africa. On October 20, 2005 the High Court of Appeal in Pietermaritzburg set-aside the conviction of the 60-year-old man convicted of raping two family members. His name was withheld by the Court to protect the identity of his alleged victims, who were family members. The man and his wife had become estranged and the Court ruled that the trial judge should have found that the accused's assertions that the rape charges had been trumped up by his wife could have been true. Port Shepstone regional Magistrate Nonesi Dlamini presided over the trial of the man, and because of her handling of the case she was reported to the Magistrate's Commission by the high court judges of appeal sitting in Pietermaritzburg. It was one of Dlamini's two cases the High Court reported to the Magistrate's Commission the week of October 17, 2005."

Conviction Caused By:

Mishandling of the case by Port Shepstone regional Magistrate Nonesi Dlamini.

Innocence Proved By:

"Conviction set aside on October 20, 2005 by the High Court of Appeal in Pietermaritzburg."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

58

Age When Released:

60

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Appeal Judges Censure Magistrate, by Bob Frean & Ingrid Oellermann, The Mercury, Durban, South Africa, October 21, 2005"

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