The Vlakfontein murder co-accused walks free as.
said the state bears the burden of proof and in proving its case, it relied on oral or written evidence by witnesses, including experts. The decision to withdraw the charges was influenced by a number of factors.
She said there was no evidence linking Khupe to the murder except the confession made by the deceased Mabaso, which the state cannot use as evidence in court. She said Section 219 of the Criminal Procedure Act stated that:"No confession made by any person shall be admissible as evidence against another person."
She also said the DNA evidence extracted from the crime scene excludes Khupe, and there were no witnesses who could testify that Khupe was involved in murdering the Khozas, nor can anyone place him at the scene of crime during the commission of the offence. The NPA said it had therefore decided to refer the matter to a magistrate to conduct an inquest hearing to establish the circumstances surrounding the deaths of the Khoza family members.
Following the decision not to prosecute, Mjondondwane said the prosecution held a meeting with some family members of the deceased to explain the motivation for the decision.
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