Delivering his judgment on Monday, acting Judge Stuart Wilson found no sufficient compelling reasons to grant Shoba leave to appeal.
Wilson said the primary question before him was whether there was a reasonable prospect that he might have been materially mistaken, either in putting together the evidence that led to the conclusion he reached or in applying the law to that evidence. "The matter is open to different interpretations. Another court might view that and come to a different conclusion," he argued. There was insufficient collaboration in Malephane's evidence. I scrutinised, confirmed and found he was a liar and a manipulator.The footage shows that Shoba was outside with Pule for three minutes when Malephane, who she thought was an Uber driver, collected her.
The acting judge said he concluded that Shoba must have recognised Malephane's voice. He said in Shoba's version, the two men had met on several occasions and had known each other for 10 years.
Source: Law Daily Report (lawdailyreport.net)
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