A man who was sentenced to 15 years behind bars has successfully overturned his conviction. The court says his trial should start from the beginning with a different presiding officer.
The trial is to start de novo [from the beginning] in the regional court, Vosloorus before a different presiding officer.At the time, Bezuidenhout pleaded not guilty to the charge of murder, but guilty to the charge of the illegal possession of a 38 special calibre revolver. Bezuidenhout, who owns a small holding on which he grows vegetables, claimed that he did not intend to kill him.He alleged that the shooting occurred while Tshukela was trying to wrestle the firearm from him.
He further denied that the fatal shot went off during the altercation as they fell. According to Dumezweni, the men were standing when the deceased was shot. He turned to the SCA seeking an order that the case be remitted to the regional court for further evidence to be heard.According to the judgment, during his trial, Bezuidenhout first appeared in person after his right to legal representation was explained to him.He later appointed a legal representation from Legal Aid, but the attorney failed to appear on his behalf. He told the court that he did not wish to have an attorney and had only done so on the court’s advice.