Shirt-admiring ‘thief’ off the hook

File photo: Chris Schneider/AP

File photo: Chris Schneider/AP

Published Feb 25, 2016

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Pretoria - A lone fingerprint on a broken window behind which shirts were displayed was the evidence on which a North West man was sentenced to jail for theft.

Paul Khoza was sentenced to five years in prison by a Klerksdorp magistrate in November 2012 after being convicted of housebreaking with intention to steal.

The owner of Symbol Collection clothing store in Klerksdorp had reported a break-in in October 2011 during which shirts on display, valued at R3 300, were stolen.

Police were called to the scene and they lifted two fingerprints from the broken window pane, through which access to the shop had been gained. One print could not be identified but the other was from Khoza’s index finger and it was on this basis that he was convicted.

But Khoza explained that he lived in the area and often stood at the display window to admire the shirts. Occasionally he would point with his finger towards a shirt he particularly liked, which was how his print came to be on the glass, he said.

Following sentencing, Khoza turned to the High Court to appeal against his fate, stating that the State did not prove its case beyond a reasonable doubt.

Judge Billy Mothle agreed and commented that in criminal trials, the court did not have to be convinced that every detail of an accused’s version is true. It must only reasonably be true.

The judge said the magistrate had not necessarily been correct when he rejected Khoza’s explanation and the fact that another print was found also cast doubt on the State’s case.

He overturned the conviction and sentence. It is not clear from the judgment whether Khoza had spent any time in jail, serving his sentence or whether he was on bail, awaiting his appeal.

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Pretoria News

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