Pair get payout after harrowing days in lock-up for rape they did not commit

schumi

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.Pretoria - For nearly a year the office of the National Director of Public Prosecutions (NDPP) sat on DNA evidence that discounted the link with two men arrested for rape.

To make matters worse for the pair, they had to spend 16 harrowing days in a makeshift container as a jail cell before they were released on bail.

The Gauteng High Court, Pretoria, has now ordered that Joseph Masindi be paid R320 000 in damages, while Jimmy Bambela will get R640 000.

The two men were arrested

More at : https://www.iol.co.za/pretoria-news...lock-up-for-rape-they-did-not-commit-33582767
 

Mista_Mobsta

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Absolutely disgraceful from the NDPP! Would be great if the full claim was settled out of the individuals, that were negligent throughout the process, pockets!
 
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Jabulani22

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Maybe the payout should be deducted from the people responsible for inaction .
 
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surface

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Absolutely disgraceful from the NDPP! Would be great if the full claim was settled out of the individuals, that were negligent throughout the process, pockets!
yes, but which NDPP? Looks like either Simelane or Jiba were NPA head that time.

The two men were arrested in Musina on July 29, 2011, but charges were withdrawn against them on July 3 the following year, after the high Court was told that the prosecution had the results of their DNA tests a month after their arrests. These test results indicated that they could not be linked to the crime.
717884
 

Ancalagon

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Cases are this illustrate why false rape accusations are so harmful. Not that this was a false rape accusation (sounds like it was the police/NDPP that screwed up), but the effects are the same.
 

Alton Turner Blackwood

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He and Bambela were locked up with 20 other men. The court was told that the other inmates were hostile towards them when they heard that they were facing a charge of rape.

They were forced to sleep on the wet floor next to the stinking toilet. They had to clean the mess in the toilet and urine on the floor with their T-shirts.

The pair also explained how they were told to lick blood from the floor after one of the other inmates was assaulted, and perform sexual acts as punishment for their alleged crime.
I think the court is awarding these guys too little.
 

konfab

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I think the court is awarding these guys too little.
Oh definitely.
The two men were arrested in Musina on July 29, 2011, but charges were withdrawn against them on July 3 the following year, after the high Court was told that the prosecution had the results of their DNA tests a month after their arrests. These test results indicated that they could not be linked to the crime.

Actually the court should demand the immediate suspension of all the NDPP people who were involved in this case. What they did to these two people is nothing but pure evil...
 

The_Librarian

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Actually the court should demand the immediate suspension of all the NDPP people who were involved in this case. What they did to these two people is nothing but pure evil...
Plus the people involved have to pay out of their own pockets as well... sitting on the evidence...
 

doubletrouble

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and this is why we can't have the death penalty
I dont think anyone is advocating death penalty without absolute certainty they committed a crime i.e. DNA evidence, caught in the act etc. And also just for the worst and most violent crimes.

Also, out of interest sake... how many murder convictions were overturned in the last 20 years?
 

saturnz

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I dont think anyone is advocating death penalty without absolute certainty they committed a crime i.e. DNA evidence, caught in the act etc. And also just for the worst and most violent crimes.

I've seen one or two headlines about sentences being overturned, I can't remember for what. I would guess not many would be overturned given that state of the system.

I'm simply not willing to consider a death penalty as long as we have a broken social contract.
 

ProfA

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I dont think anyone is advocating death penalty without absolute certainty they committed a crime i.e. DNA evidence, caught in the act etc. And also just for the worst and most violent crimes.

Also, out of interest sake... how many murder convictions were overturned in the last 20 years?
You do realise it costs money to appeal or do anything in the legal system. Most convicted murderers simply cannot afford to have their convictions overturned.
 
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doubletrouble

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I dont think anyone is advocating death penalty without absolute certainty they committed a crime i.e. DNA evidence, caught in the act etc. And also just for the worst and most violent crimes.

Also, out of interest sake... how many murder convictions were overturned in the last 20 years?

Man's murder conviction, sentencing overturned, SCA believes his constitutional rights were violated

A man who was sentenced to life in prison for the murder of a security guard in 2003 has successfully overturned his conviction in the Supreme Court of Appeal (SCA) in Bloemfontein.

Fanie Archibold Ndimande approached the SCA after the Gauteng High Court in Johannesburg convicted him on charges of murder and robbery with aggravating circumstances.

He was also convicted of attempted robbery with aggravating circumstances, unlawful possession of a firearm, unlawful possession of ammunition and three counts of attempted murder.

In its ruling on Monday, the SCA said the State had failed to prove its case beyond reasonable doubt, adding Ndimande's constitutional rights were violated.
 
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