Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
10 years |
Years Imprisoned: |
3.67 |
Year Crime: |
2001 |
Year Convicted: |
2009 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
South Africa |
County or Region of Crime: |
KwaZulu-Natal |
City of Crime: |
Verulam |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Geallal Raghubar was wrongly convicted on February 18, 2009 of sexually assaulting a six-yea-old boy in Verulam, South Africa. Raghubar's conviction was solely based on the testimony of the alleged victim, who was 14 at the time of his trial. Raghubar was sentenced to 10 years in prison. On November 30, 2012 South Africa's Supreme Court of Appeal overturned Raghubar's conviction on the basis the judge did not follow proper procedures in the swearing in of the alleged victim who gave contradictory testimony." |
Conviction Caused By: |
Judge erred in swearing in the alleged victim who gave contradictory testimony. |
Innocence Proved By: |
"On November 30, 2012 South Africa's Supreme Court of Appeal overturned Raghubar's conviction on the basis the judge did not follow proper procedures in the swearing in of the alleged victim who gave contradictory testimony." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
Geallal Raghubar v The State (148/12) [2012] ZASCA 188 (30 November 2012) |
Information Location 1: |
http://www.justice.gov.za/sca/judgments/sca_2012/sca2012-188.pdf |
Information Source 2: |
"Magistrate lambasted over sex abuse trial, By Kamini Padayachee, IOL News, December 4, 2012" |
Information Location 2: |
http://www.iol.co.za/news/crime-courts/magistrate-lambasted-over-sex-abuse-trial-1.1435121#.UnAmBn_91Ro |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org