- The High Court overturned Johannes Demcy Dielele’s murder conviction and life sentence because the State’s evidence was not enough to support the conviction.
- The court found that hearsay evidence naming Dielele as the shooter should not have been allowed during the trial.
- Judges also found that ballistic evidence ruled out the firearm linked to Dielele as the murder weapon.
The High Court in Mahikeng has acquitted Johannes Demcy Dielele of murder, unlawful possession of a firearm and unlawful possession of ammunition after finding that critical hearsay evidence was wrongly admitted and that ballistic evidence failed to connect him to the fatal shooting.
The appeal court, comprising Acting Judge A Petersen, Judge HB Matlhape and Judge BF Mnyovu, overturned Dielele’s convictions and sentences imposed by the trial court in October 2023. Dielele had originally been sentenced to life imprisonment for murder, together with additional prison terms for firearm and ammunition offences.
The case arose from the August 2018 killing of EDK, who had previously been in a romantic relationship with Dielele. Evidence before the court showed that the relationship had deteriorated after she allegedly discovered that Dielele had another partner and child. On the evening of the shooting, Dielele travelled to her family’s home in Verdwaal, Itsoseng, where she was later found with a fatal gunshot wound near an outdoor toilet.
No eyewitness testified to seeing the shooting itself. The prosecution instead relied heavily on statements allegedly made by a witness identified in the judgment as D, who was with the deceased shortly before the shooting but later died in an unrelated incident before the trial began.
Appeal court rejects hearsay evidence
Those statements were introduced through family members and a written police statement. The appeal court found that this evidence should never have been admitted.
Judge Petersen wrote in the judgment that the hearsay evidence, both the written statement and the oral accounts, should not have been admitted. The court a quo misdirected itself in admitting it.
The judges found that the hearsay evidence became deeply prejudicial because it was the only evidence directly identifying Dielele as the shooter, while the defence had no opportunity to challenge or cross-examine the witness.
The court also criticised the trial court’s finding that the hearsay evidence had been corroborated. The judges said the surrounding evidence only confirmed that Dielele had been present at the scene and had left shortly after the gunshot was heard. It did not independently establish that he had fired the weapon.
Ballistic findings weaken State’s case
In another major finding, the appeal court concluded that ballistic evidence undermined the State’s case. The fatal shot was fired from a 7.65mm pistol, while the only firearm linked to Dielele after his arrest was a 9mm pistol.
Experts confirmed there was no ballistic connection between the murder weapon and the firearm associated with Dielele. Judge Petersen found that the State’s own concession foreclosed any forensic basis for concluding that the murder weapon was associated with the appellant.
The judges held that once the hearsay evidence was excluded and the ballistic findings were considered, the remaining evidence amounted to nothing more than suspicion, not proof beyond a reasonable doubt.
Judge Petersen said that while this evidence creates a strong suspicion, however grave, it is not proof beyond a reasonable doubt.
The court also overturned the firearm and ammunition convictions. The judges found that the State failed to present expert evidence proving that the recovered item was legally qualified as a firearm under the Firearms Control Act.
Court reinstates appeal and orders acquittal
The appeal court additionally granted condonation for the late filing and prosecution of the appeal after accepting that Dielele had experienced financial difficulties following the lengthy trial process.
The judges said the interests of justice favoured allowing the appeal to proceed, particularly because Dielele had been serving a life sentence.
In the final order, the court reinstated the appeal and replaced the trial court’s findings with acquittals on all counts.
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