Court Overturns Rape Conviction Due to Drinking Memory Gaps
Johannesburg News Today | 2 Min News | The Daily News Now! · The Daily News Now!
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Pretoria High Court Overturns Rape Conviction: Inconsistency in Complainants Testimony
The Pretoria High Court has reversed a rape conviction against Ekurhuleni businessman Pule Mokou. The original conviction was based on a complainants testimony, but the High Court found it unreliable due to significant gaps caused by heavy drinking on the night of the alleged incident. The case revolved around a 2017 night at a golf club where the complainant accused Mokou, his girlfriend, and another man of kidnapping, assault, and rape. However, Mokou maintained that they were in a past relationship and that the complainant ended up with the other man in the garage while he and his girlfriend slept in the bedroom. The original magistrates court overlooked red flags in the complainants story, such as her inability to recall key details during cross-examination and the implausibility of the kidnapping scenario. Medical reports did not support her claims, and her actions after the alleged incident, including taking money from Mokous brother and spending time at his house, were inconsistent with a brutal attack. The High Court ruled that the state failed to meet its proof burden, leading to the convictions vacation. This case underscores the potential impact of alcohol-induced memory lapses on trial outcomes.
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