DEAR Editor,-
Relating to the ongoing debacle regarding the unfortunate death and legal proceedings of Lwandile Mampofu I would like to enlight Bheki Chris regarding his letter appearing in the November 22 edition of the South Coast Herald.
The Criminal Procedure Act clearly states that any person accused of committing a crime is innocent till proven guilty. The law is very clear regarding this.
The State presented its case by means of calling eye witnesses to testify to what they had seen regarding the incident.
After all the evidence was presented by the State the judge had to make a ruling taking all of the evidence given into consideration.
The only ruling he could made was one of innocent. This was based purely on the evidence presented to him by the State.
In the criminal justice system the rule is very clear, the state MUST prove beyond reasonable doubt that the accused is guilty of the said offence. Should there be doubt the doubt must go in favour of the accused.
This is what happened is this case.
If Bheki Chris does not understand the Criminal Procedure Act he must not comment in the manner he did. This case was heard in the Supreme Court and to insult the judge the way he did just proves his ignorance.
I personally feel he owes the judge an apology. The same can be said for the writer in the same edition of the Herald over the name, ‘EX TIPRO’.
I hope we can now lay this matter to rest and move on.
CJ LUDICK
Uvongo
