South Africa

The man was allowed to appeal against the fraud after the errors found in the lower court proceedings

The lucky Bubu Sekete failed to overturn his life sentence in Gauteng Supreme Court for gang rape.

PHOTO: Ashraf Hendricks, GroundUp

  • A man was granted leave to appeal for fraud and sentenced to five years in prison.
  • This was done after the Supreme Court found errors in the lower court proceedings.
  • The record revealed, among other things, that the man had not been placed in a position to clearly understand the charges against him.

The Gauteng Supreme Court in Johannesburg allowed a man to appeal his conviction for fraud and a subsequent five-year sentence after finding shortcomings in the lower court proceedings.

According to court papers, the man pleaded guilty to three-way fraud at the Johannesburg court and was convicted and convicted.

His attempt to appeal to the lower court was unsuccessful, so he appealed to the Supreme Court for relief.

In a judgment written by Judge Majake Mabesele and Acting Judge William Karam, the court held that, after reviewing the record of the proceedings, the man was not in a position to clearly understand the preferred charges against him and was thus able to do so. to exercise its right of objection properly.

READING The Gqeberha accountant was found guilty of rupee 2.4 million in tax fraud

“It is also clear from the record that the accused was not informed that he had to refer to all charges and not all charges at the same time,” the verdict said.

It turned out that during the trial, the minutes show that the prosecutor had informed the court that an interpreter was not needed and the judge did not ask the man if he could follow the proceedings in English.

In addition, the prosecutor did not bring all charges against the man to bring charges. It was also clear from the minutes: does not correspond to the accused. must be brought before the accused because his legal representative has already explained to him.

“After the defendant’s legal representative confirmed to the judge that he had explained the charges to the defendant, the judge asked the defendant whether he understood all three charges. After the defendant confirmed to the judge that he understood the charges, the judge asked the defendant to confess himself in all the charges, and the accused pleaded guilty in every charge. “

The Supreme Court also found that the proceedings were conducted in English and that no interpretation was given to the man and no attempt was made to ask if he understood the language.

The court also found that the man had to testify in all charges at the same time and no other charges were formally brought against him by the prosecutor.

“For these reasons, we are of the opinion that leave to appeal against convictions should be granted in the interests of justice. It follows that leave to appeal against punishment should also be granted,” the court concluded.


Never miss a story. Choose from our newsletters to get the news you want straight into your inbox.

The man was allowed to appeal against the fraud after the errors found in the lower court proceedings

Source link The man was allowed to appeal against the fraud after the errors found in the lower court proceedings

Back to top button