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Court rules necklacing victim's statement admissible

Publish date: 10 June 2014
Issue Number: 580
Diary: IBA Legalbrief Africa
Category: South Africa

Claims by a dying necklacing victim that implicate two of his alleged attackers, one of them an activist, have been admitted as evidence, says a Cape Times report.

Four people are on trial in the Western Cape High Court (Cape Town) for Rowan du Preez's murder, among them leading Social Justice Coalition activist Angy Peter and her husband, Isaac Mbadu, who also works for the organisation. The other two are Christopher Dina and Azola Dayimane. It is believed Du Preez was necklaced in an alleged vigilante attack and left for dead in Mfuleni in October 2012. He died in hospital less than a day later. Judge Robert Henney ruled that a statement Du Preez made to three police officers would be admitted as evidence against the accused. He would give reasons for his decision at a later stage. Du Preez's statement has at times been referred to as a 'dying declaration' and has been treated as 'hearsay evidence'. According to what has emerged in court, he stated his full name and address and gave a brief account of what happened to him. His claims implicate Peter and her husband. Full Cape Times report (subscription needed)

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