OTHER prisoners had called him a dog, and asked how he could rape his own daughter – but the inmate knew he was innocent and that the truth would come out one day.
Yesterday it did, and an East London father was freed from prison after serving nearly seven years for raping his daughter.
His conviction was set aside after the daughter retracted her statement that he was the rapist.
In 2005 his daughter, who was 14 years old at the time, accused him of rape but three years later said she had lied.
The father was convicted and sentenced in 2005. Throughout his trial, he maintained his innocence and pleaded not guilty.
The woman, who cannot be identified because she is a victim of rape, was 14 years old at the time of the incident.
She retracted her statement in 2008 that her father had raped her, and claiming that claimed she had lied because she had been angry with her father when he had beaten her over a message sent from his cellphone.
The woman said she had decided to come forward after listening to a sermon at church about forgiveness.
The father applied for leave to appeal, which was granted by the Supreme Court of Ap peal last year.
The case was reopened and new evidence was heard.
Yesterday High Court Judge Zamani Nhlangulela said there was no corroborating evidence that the accused had raped his child.
“I accordingly make the fol lowing ruling: The accused is not guilty of rape,” Nhlangulela said.
In an interview with the Daily Dispatch after the conviction was set aside, the man said he was said he was glad that justice had prevailed.
“I am very happy that my innocence has been announced. Now I have to start rebuilding my life because I lost everything,” he said.
“I had never been arrested before – it was a horrible experience.
“The other inmates were calling me names, they would even call me a dog, asking how I could rape my own daughter.
“But I knew I was innocent and the truth would come out one day. I kept my head down and avoided any altercations. Prison was tough,” the man said.
He said he wanted to rebuild his family and had forgiven his daughter.
“At the time I felt like the justice system had failed me. However, I can understand that no one would have thought that a 14-year-old could lie about something like this,” he added.
The daughter was 14 when she lied under oath and per jury is a punishable criminal offence. The state will have to decide whether or not to pros ecute her. — siyab@dis patch.co.za
Freed from jail after conviction for rape set aside
Yesterday it did, and an East London father was freed from prison after serving nearly seven years for raping his daughter.
His conviction was set aside after the daughter retracted her statement that he was the rapist.
In 2005 his daughter, who was 14 years old at the time, accused him of rape but three years later said she had lied.
The father was convicted and sentenced in 2005. Throughout his trial, he maintained his innocence and pleaded not guilty.
The woman, who cannot be identified because she is a victim of rape, was 14 years old at the time of the incident.
She retracted her statement in 2008 that her father had raped her, and claiming that claimed she had lied because she had been angry with her father when he had beaten her over a message sent from his cellphone.
The woman said she had decided to come forward after listening to a sermon at church about forgiveness.
The father applied for leave to appeal, which was granted by the Supreme Court of Ap peal last year.
The case was reopened and new evidence was heard.
Yesterday High Court Judge Zamani Nhlangulela said there was no corroborating evidence that the accused had raped his child.
“I accordingly make the fol lowing ruling: The accused is not guilty of rape,” Nhlangulela said.
In an interview with the Daily Dispatch after the conviction was set aside, the man said he was said he was glad that justice had prevailed.
“I am very happy that my innocence has been announced. Now I have to start rebuilding my life because I lost everything,” he said.
“I had never been arrested before – it was a horrible experience.
“The other inmates were calling me names, they would even call me a dog, asking how I could rape my own daughter.
“But I knew I was innocent and the truth would come out one day. I kept my head down and avoided any altercations. Prison was tough,” the man said.
He said he wanted to rebuild his family and had forgiven his daughter.
“At the time I felt like the justice system had failed me. However, I can understand that no one would have thought that a 14-year-old could lie about something like this,” he added.
The daughter was 14 when she lied under oath and per jury is a punishable criminal offence. The state will have to decide whether or not to pros ecute her. — siyab@dis patch.co.za
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos