SEX workers alleged killer was not found guilty on count one of rape.
The sex worker's alleged killer Sifiso Mkhwanazi has been found not guilty on one of the seven counts of rape against him.
Judge Cassim Moosa handed the ruling at Joburg High Court sitting in Palm Ridge, Ekurhuleni, on Wednesday, 21 February.
“I have duly applied my mind in authorities supplied by the defence counsel. Where there are multiple charges against the accused, the court may discharge the accused on one or more charges if there is no evidence on the relevant count upon which the court could convict.
“I pause to mention that I have carefully applied my mind to the evidence presented thus far to count 13, which is of defeating the ends of justice. I'm reminded of the function of a court.
“Having carefully considered the totality of the evidence before me and the interest of justice. I am of the view, having exercised my discretion and of the opinion that there is sufficient evidence before this court upon which a reasonable court acting carefully may convict the accused on certain of the counts.
“Having read the documents filed on record heard counsel, and having considered this matter, the following order is made. It is ordered that the accused is granted a discharge on count one of rape. He is accordingly found not guilty,” Moosa said.
The defense lawyer Vuyo Maqetuka concided that his client, sex workers alleged killer Sifiso Mkhwanazi hid the bodies of five deceased in the workshop. Video by Happy Mnguni @dailysun pic.twitter.com/lu3DbB8f8h
— happy mnguni (@happy_mnguni) February 21, 2024
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The Judge added that the application for discharge on counts 2, 5, 8, 11, 13, 14 and 17 was refused.
The first count related to the 2021 case that saw him spend ten months behind bars after a sex worker opened a case of rape against Sifiso.
Sifiso’s lawyer, Advocate Vuyo Maqetuka, said earlier that the complainant of count one withdrew the case previously because she was not interested.
“The reason why she couldn’t be traced or be found is because she didn’t want to be found.
“The accused should be acquitted on the count one of rape,” he said.
Advocate Maqetuka said his client didn't want to hide the body of the sex worker found at the workshop.
"The accused version is that he did not hide this body. He only left it in the room so that it could be discovered easily.
"Of the other five deceased that the accused had killed, he ensured that he would hide them in the places around the yard so that it would be difficult for any of the people around to find the bodies," said Maqetuka.
Sifiso (21) is facing six counts of murder, six counts of obstructing the administration of justice, robbery with aggravating circumstances, and unauthorised possession of firearms and ammunition.
The charges stem from the discovery of six female bodies at the site of a panel beating workshop in October 2022.
The trial was postponed to Wednesday, 28 February.
