Nolubabalo Nomsuka

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Charge:	Murder
Sentence:	Life Imprisonment
Years Imprisoned:	5.43
Year Crime:	2011
Year Convicted:	2011
Year Cleared:	2017
U.S. State or Country of Crime:	South Africa
County or Region of Crime:	KwaZulu-Natal
City of Crime:	Lamontville
Result:	Judicially Exonerated Released
Summary of Case:	"Nolubabalo Nomsuka was wrongly convicted in 2012 of murdering her newborn child in December 2011 at Wema Hostel, near Lamontville, south of Durban, South Africa. At the time the 23-year-old Nomsuka was in Grade 11 in school. When she realized that although she was only eight months pregnant she was in labor, she called a friend to come help. Before the friend arrived she gave birth to a stillborn son. When her friend and neighbors arrived they accused her of strangling her baby and called the police. The baby's autopsy showed no signs its death was due to anything other than natural causes, and there was no sign of strangulation. Nomsuka was nevertheless charged with murder and arrested in March 2012. During Nomsuka's trial the medical evidence by the pathologist who conducted the baby's autopsy established there was no sign of strangulation or a cause of death other than natural. That testimony was disregarded by the trial magistrate, who relied on the testimony of the witnesses who arrived after the baby's birth that they believe she had strangled the baby. After finding Nomsuka's guilty, the magistrate sentenced her to life in prison. The magistrate later reduced her sentence to 20 years on the compassionate ground that the unmarried Nomsuka had a 2-year-old daughter, Okuhle. In 2013, Legal Aid lawyers assisted Nomsuka in fiing an appeal of her conviction and sentence. In November 2017 a hearing was held on Nomsuka's appeal, and a panel of two Durban High Court judges unanimously ruled the prosecution had failed to introduce sufficient evidence to prove her guilt beyond a reasonable doubt and ordered her acquittal. The High Court judges excoriated the the trial magistrate for disregarding the unrebutted medical testimony by the experienced pathologist who conducted the baby's post-mortem examination that there was no sign of strangulation or that the baby died from anything other than natural causes. Nomsuka was released after 5 years an 8 months in custody. In January 2018 it was reported that Nomsuka is considering filing a wrongful imprisonment lawsuit against South Africa's Department of Justice for compensation. While in prison Nomsuka graduated from secondary school, and was half-way through her studies to get a business degree."
Conviction Caused By:	Trial magistrate disregarded exculpatory testimony by the pathologist who conducted the autopsy on the deceased baby of Nolubabalo Nomsuka.
Innocence Proved By:	"In November 2017 a hearing was held on Nomsuka's appeal, and a panel of two Durban High Court judges unanimously ruled the prosecution had failed to introduce sufficient evidence to prove her guilt beyond a reasonable doubt and ordered her acquittal. The High Court judges excoriated the the trial magistrate for disregarding the unrebutted medical testimony by the experienced pathologist who conducted the baby's post-mortem examination that there was no sign of strangulation or that the baby died from anything other than natural causes."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:	23
Age When Released:	29
Sex:	Female
Skin/Ethnicity:	Black
Information Source 1:	"KZN woman wrongly jailed for nearly six years to sue, By eNCA, ENCA.com (South Africa), January 13, 2018"
Information Location 1:	https://www.enca.com/south-africa/woman-to-sue-justice-department-for-wrongful-imprisonment-of-6-years
Information Source 2:	"My six years in jail, for nothing, By Nokuthula Ntuli, Sunday Tribune (Durban, ZAF), December 24, 2017"
Information Location 2:	https://www.iol.co.za/sunday-tribune/news/my-six-years-in-jail-for-nothing-12524565
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Nolubabalo Nomsuka

Charge:

Murder

Sentence:

Life Imprisonment

Years Imprisoned:

5.43

Year Crime:

2011

Year Convicted:

2011

Year Cleared:

2017

U.S. State or Country of Crime:

South Africa

County or Region of Crime:

KwaZulu-Natal

City of Crime:

Lamontville

Result:

Judicially Exonerated Released

Summary of Case:

Conviction Caused By:

Trial magistrate disregarded exculpatory testimony by the pathologist who conducted the autopsy on the deceased baby of Nolubabalo Nomsuka.

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

23

Age When Released:

29

Sex:

Female

Skin/Ethnicity:

Black

Information Source 1:

"KZN woman wrongly jailed for nearly six years to sue, By eNCA, ENCA.com (South Africa), January 13, 2018"

Information Location 1:

https://www.enca.com/south-africa/woman-to-sue-justice-department-for-wrongful-imprisonment-of-6-years

Information Source 2:

"My six years in jail, for nothing, By Nokuthula Ntuli, Sunday Tribune (Durban, ZAF), December 24, 2017"

Information Location 2:

https://www.iol.co.za/sunday-tribune/news/my-six-years-in-jail-for-nothing-12524565

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