Men cleared after doing 3 years for gang rape, lose bid to sue state
They say the fact that the woman was a prostitute was withheld, in what may be a test case on rights to a fair trial
Two men who who had their convictions and seven-year prison sentences for gang rape overturned on appeal, have failed in their bid to sue the state for “unlawful conviction” and detention.
The men claimed that they were only convicted in the Durban Regional Court in 1994 because the prosecutor had unlawfully withheld the fact that the complainant was a prostitute, even though the woman had admitted this in her statement to the investigating officer and he had personally seen her soliciting.
The information was contained in the police docket but it was never given to them. The men served about three years in jail before being paroled...