A man who has been on death row for the murder of a pensioner sighed with relief this week after the Court of Appeal nullified his conviction and sentence.
Lady luck smiled on Tsholofelo Maselwa, as the CoA overturned an earlier High court judgement that condemned him to death for the murder of one Chifana Ndaya at Zwenshambe village back in 2009.
The CoA bench comprising of Justices Abednego Tafa, Lord Arthur Hamilton and Fridzy Brand overturned the High Court judgement after considering that the police failed to prove beyond reasonable doubt that Maselwa was the one who actually killed the old man.
The court believed that there was not enough evidence to tie the man to the crime.
The state, according to the CoA, failed to prove that the most critical piece of evidence in their case– the blood stained pair of trousers- belonged to the accused.
The state case, the CoA ruled, was soley based on circumstantial evidence which they failed to prove.
Detailed reasons for Maselwa’s acquittal will be delivered on February 2nd.