Rape, murder suspect walks free

[PeterCH]

Rape, murder suspect walks free
02/03/2009 19:04 - (SA)
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Thobile Mlangeni

Nelspruit - There was a loud outcry in court when a man accused of raping and killing a 83-year-old woman was acquitted because police lost crucial evidence in the case.

Noziga Mary Manoka's body was found six days later in her house in Steenbok village south of Malalane in Mpumalanga.

Police told the Nelspruit circuit of the Pretoria High Court last week that evidence, including Manoka's wallet and pension card that were allegedly found on the suspect, went missing from the evidence room.

"That left a huge gap in the case," said presiding judge, Cynthia Pretorius.

She accused the Steenbok Community Policing Forum and investigating officers from Tonga police station of not doing their work properly.

She said it was clear CPF members were trying to protect themselves after being accused of assaulting the suspect before the arrival of the police.

Contradictions

She said there were also too many contradictions in the testimonies given in court.

"The accused is therefore found not guilty on all charges," she said.

Angry community member Erick Shunube, 52, warned that the community may take the law into their own hands.

"His family might have consulted with witch doctors to enable him to win this case. We suggest they hide him somewhere," he said.

The suspect, Pat Aaron Mgwenya of Steenbok near Malalane, was accused of breaking into Manoka's home sometime between April 17 and April 22, 2007.

He was charged with stealing R800 in cash, a cellphone, a wallet and an Absa card and a pension card.

Manoka was raped and beaten on the head and died.

Mgwenya pleaded not guilty and said he was doing his daily chores when a mob attacked him, tied him with rope and took him to a community hall where he was assaulted.

Assault

"These people severely assaulted me and said I must admit to killing my neighbour, gogo Manoka," he said.

He said they searched his pockets and found his black wallet and a pre-paid electricity card. He said they alleged that the items belonged to Manoka and then took him to the hall where he was beaten before they took him to the induna’s house and was beaten some more.

When the police arrested him, he was taken to Barberton Prison and spent two months in the prison hospital.

Mgwenya was charged with housebreaking, murder and rape. The rape case was withdrawn as there was no evidence that Manoka had been raped.

He was not found guilty of housebreaking because there were no signs of forced entry at Manoka’s house.

He was also found not guilty of murder because there were no witnesses and the only evidence went missing.

- African Eye

http://www.news24.com/News24/South_Africa/News/0,,2-7-1442_2478420,00.html

 

[DJ...]

As much as I'd love to have seen a rapist and murderer spend eternity in jail and as happy as it would make me to hear of the beating he took, this really doesn't make any sense to me at all. The only evidence they had against this guy was that he allegedly had her wallet and pre-paid electricity card, both of which he claims were his. There is also no evidence that she was raped. How can there be no forensic evidence at all!? Is this really the state of our police investigative units? If she was beaten to death and raped, there would be evidence of this as well as DNA, fingerprints, hair samples etc. It doesn't take CSI:Miami to figure that one out. And as for the wallet and card going missing from te evidence room, well that to me doesn't point to his guilt and the cops/community police covering anything up but a mistake. Sounds to me like his story probably checks out and that evidence was in fact evidence of their own mistakes.

Dunno, this just doesn't make sense. If this really is the state of our police at the moment then we have a major issue on our hands. To accuse someone of rape (when there is no evidence of rape) and murder (without any actual evidence) is absurd, especially considering the community retribution now. I'm disgusted by this. Imagine borrowing your neighbour's pre-paid electricity card (because for all we know, that was the case) and in the interim she is murdered - you'll be had up for rape and murder by these criminals (the cops) because they're too fscking useless to investigate properly.

Either something is terribly awry here, or the article is even more poorly written than it first comes across...

 

[Blaze786]

As much as I'd love to have seen a rapist and murderer spend eternity in jail and as happy as it would make me to hear of the beating he took, this really doesn't make any sense to me at all. The only evidence they had against this guy was that he allegedly had her wallet and pre-paid electricity card, both of which he claims were his. There is also no evidence that she was raped. How can there be no forensic evidence at all!? Is this really the state of our police investigative units? If she was beaten to death and raped, there would be evidence of this as well as DNA, fingerprints, hair samples etc. It doesn't take CSI:Miami to figure that one out. And as for the wallet and card going missing from te evidence room, well that to me doesn't point to his guilt and the cops/community police covering anything up but a mistake. Sounds to me like his story probably checks out and that evidence was in fact evidence of their own mistakes.

Dunno, this just doesn't make sense. If this really is the state of our police at the moment then we have a major issue on our hands. To accuse someone of rape (when there is no evidence of rape) and murder (without any actual evidence) is absurd, especially considering the community retribution now. I'm disgusted by this. Imagine borrowing your neighbour's pre-paid electricity card (because for all we know, that was the case) and in the interim she is murdered - you'll be had up for rape and murder by these criminals (the cops) because they're too fscking useless to investigate properly.

Either something is terribly awry here, or the article is even more poorly written than it first comes across...

I have to agree. Although I do feel it is utterly bollocks that a "suspect" walks free due to ineptitudes in the police investigations! If not the accused, than the true perp!