I was just alerted to this. I have no words. Analysis of judgement to come. Does this make the DNA bill meaningless?
Criminal: DNA evidence not enough to convict r ape accused – SCA
The evidence regarding the outcome of tests carried out via the most common DNA testing method used in SA has been held to be circumstantial in a case before the SCA. A report in Beeld says a man convicted of r aping a four-year old girl as a result of positive DNA tests has been freed. In what the report describes as a ‘directional judgment’, five judges held that evidence led about the DNA tests conducted via the so-called STR-method was circumstantial.Evidence that Sandile Bokolo’s DNA was found on the girl’s private parts could not, seen alone, prove his guilt beyond reasonable doubt. The judges pointed out that the DNA samples taken from the child matched those of at least three men, one of them being Bokolo. His conviction and 15-year sentence were set aside.
Full Beeld report
Bokolo v The State (483/12)