A man who stole R50 000 from a woman he met online and was later accused of sexually assaulting her has been cleared of rape.
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Michael Jantjies petitioned the Supreme Court of Appeal (SCA) after being convicted on three counts of rape alleged to have occurred at the St Helena Bay Hotel in March 2015.
He claimed that the rape accusation was made up after he stole money from the 48-year-old teacher and ended their relationship.
In August 2014, the couple met through an online dating site and spent weekends at West Coast hotels.
The woman reported on September 19, 2015, that Jantjies had raped her at the hotel on March 7, 2015, which Jantjies denied, claiming he was never there that weekend.
On March 9, 2015, following the alleged hotel stay, Jantjies went to her house to inform her of a housing opportunity for her children that had become available due to an alleged cancellation on the council’s waiting list.
He asked her for R50 000 to cover the deposit and transfer costs. The woman obtained loans and drove Jantjies to town to make the payments.
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However, after exiting the car with the cash, Jantjies vanished and was never seen again.
During the trial, it was the woman’s word against Jantjies’, with the SCA concerned about the ‘poor quality’ of the investigation and evidence presented.
It stated that while the Western Cape High Court was satisfied that the woman’s account of the events was consistent, the court failed to consider Jantjies’ evidence that the woman had a motive to falsely accuse him of the alleged rape.
While the woman reported the alleged rape after Jantjies stole the money from her, SCA Judge Keoagile Matojane stated that there were no guidelines governing the behaviour of sexual assault victims and that a court could not draw inferences solely based on the length of time between the alleged offence and its reporting.
While Judge Matojane determined that the State failed to prove Jantjies’ guilt beyond a reasonable doubt, he also found that the State did not provide evidence to support the claim that Jantjies was at the hotel, nor was the doctor who examined the woman called to testify.
‘When the evidence is weighed in its totality, it supports the conclusion that the appellant’s (Jantjies) version of events could reasonably possibly be true and that the evidence of the complainant, when viewed with the appropriate caution called for, raises doubt about the appellant’s guilt. Accordingly, the State has failed to prove the appellant’s guilt beyond reasonable.’
‘The court must express its concern about the poor quality of the investigation and evidence presented. This impacts the administration of justice and the public confidence in the legal system. Crucial steps, such as interviewing potential witnesses at the crime scene and scrutinising the appellant’s alibi, were apparently neglected,’ Judge Matojane’s judgement read.
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Picture: westerncape.gov.za
