Johannes Demcy Dielele, previously convicted of murdering his ex-girlfriend, has been acquitted by the High Court due to insufficient evidence.
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A convicted murderer serving a life sentence for allegedly shooting his ex-girlfriend has been released after successfully appealing his conviction in the High Court in Mahikeng.
Johannes Demcy Dielele had been found guilty of murdering his former girlfriend, who was also the mother of his child, and was sentenced to life imprisonment by a lower court. However, the High Court of South Africa, North West Division, Mahikeng, later ruled that the State failed to prove its case beyond a reasonable doubt.
According to the State, Dielele — sentenced in October 2023 — fatally shot his ex-girlfriend near an outdoor toilet while her cousin, who had accompanied her, was present.
The cousin, the only alleged eyewitness to the shooting, died in an unrelated accident before the trial began.
The State alleged that after the relationship ended and the deceased cut off contact with Dielele, he repeatedly reached out to her mother and sister. On the evening of August 4, 2018, he allegedly drove to their home in Verdwaal, Itsoseng.
At the time of his arrival, the deceased and her cousin had gone to the outside toilet, and Dielele allegedly followed them.
“Shortly thereafter, (the deceased’s mother and sister) heard the cousin screaming. They ran outside. The deceased’s mother saw Dielele walking backwards from the direction of the toilet towards his vehicle. She asked him what had happened; he did not respond.
“He drove off, colliding with the gate as he left. The deceased was found near the toilet with a gunshot wound to the right side of her head. She was declared dead by paramedics. The post-mortem report by Dr Maleka Samuel Letebele confirmed the cause of death as penetrating head trauma due to a gunshot to the head. The fatal projectile was discharged from a 7.65mm calibre firearm,” court documents read.
No one witnessed the actual shooting, and neither the deceased’s mother nor sister saw Dielele carrying a firearm.
He was arrested a few days later. Police discovered a 9mm pistol and three rounds of 9mm ammunition in a school bag inside the vehicle he was travelling in, but the firearm did not match the ballistic evidence linked to the murder weapon.
During the trial, Dielele chose not to testify and did not call any witnesses in his defence.
The prosecution attempted to rely on the cousin’s version of events through hearsay evidence.
The High Court found that the earlier ruling admitting the hearsay evidence was flawed because the cousin’s statements to the deceased’s mother and sister were never formally recorded at the time and were made while she was emotionally distressed.
Acting Deputy Judge President Andre Petersen said: “The circumstances attending the making of these statements do not provide the hallmarks of trustworthiness that would warrant their reception over the objection of an accused who cannot cross-examine the declarant… the prejudice to Dielele is severe.
“Her statement, if accurate, is the only eyewitness account placing the appellant as the shooter. The accused is unable to challenge her perception, test her proximity to the events, probe her state of mind, or expose any motive to falsify… the court a quo found that the hearsay was ‘corroborated’ by the evidence of the deceased’s mother and sister. That finding misdirected the enquiry. Corroboration must be independent evidence going to the critical fact that Dielele was the person who fired the weapon.”
In explaining the acquittal, Petersen stated that once the hearsay evidence was excluded and ballistic evidence ruled out any connection between Dielele and the murder weapon, alternative explanations could not be dismissed.
“While this evidence creates a strong suspicion, however grave, is not proof beyond a reasonable doubt,” said Petersen.
Dielele was ultimately acquitted of murder, unlawful possession of a firearm, and unlawful possession of ammunition.