The KwaZulu-Natal Division of the High Court in Pietermaritzburg has set aside the murder convictions of Innocent Thabani Ngcobo, citing police misconduct.
Ngcobo was convicted on 12 May 2022 of three counts of murder and one count of attempted murder, with the prosecution’s case largely relying on a disputed confession. The Supreme Court of Appeal granted leave to appeal on 28 September 2023, focusing on whether the confession was obtained in violation of his right to legal counsel.
At the appeal, the High Court found that police officers ignored Ngcobo’s legal rights, proceeding with interrogation despite the explicit instruction from his attorney that he be present. The defense argued that the confession was inadmissible due to improper police conduct, leading the court to conclude that his conviction lacked a lawful foundation.
Systemic implications for law enforcement practices
Testimony during the appeal exposed coercion and intimidation, raising concerns about police accountability and suspect protections under Section 35 of the Constitution. Statements from legal practitioners revealed procedural irregularities, including threats made against Ngcobo and his family.
A trial within a trial uncovered conflicting testimonies from law enforcement officials and inconsistencies in the handling of Ngcobo’s case. Despite medical examinations conducted before and after the confession finding no signs of assault, Ngcobo alleged mistreatment, fueling debates over policing ethics and custodial rights.
In delivering the judgment, the judges wrote, “... we consider the admission of the confession in the present appeal to be unsafe. Where an accused person has an attorney of record, and where the police ask the question whether an accused wishes to consult with their attorney ‘before’ the making of a confession, then, it is unsafe for the court to rely on the confession where no such consultation has taken place.”
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