IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

CASE NUMBER:						A618/2009 

In the matter between: 

and
THE STATE

JUDGME N T

In this appeal the four appellants, all adult males, were arraigned in the Regional Court at Wynberg on one count of murder read with the provisions of section 51 of the Criminal Procedure Act 105 of 1997. Despite pleas of not guilty, they were all subsequently convicted as charged and after the court found    that    there    were    substantial    and     compelling circumstances, were each sentenced to 18 years imprisonment on 21 April 2009.

"The more relevant question is, therefore, not how much impressed the court was with Ms Barends and the other state witnesses, but whether it is possible that the three or four accused were not involved in this fatal attack."

When asked what the circumstantial evidence was, he was driven, understandably, to start off by saying that Sophia Barends saw the four appellants immediately after attack. However, when it was pointed out to him, he had to concede that that was not Sophia Barends' evidence. Her evidence was that some time took place after the attack before she saw the four appellants. I mention that just as an example of the difficulties the state has in trying to demonstrate that the circumstantial evidence points to the four appellants being involved in the attack as the only reasonable inference that a court can draw.

KATZ. AJ

DLODLO, J