A L Wilmot v The State

The appellant, a 57-year-old farmer known as 'Tuti', was convicted in the Regional Court, Albany District, of raping a 14-year-old girl and sentenced to 11 years’ imprisonment, three years conditionally suspended. His conviction and sentence were confirmed on appeal to the Eastern Cape High Court. The complainant testified that she was raped by a white man driving a white Isuzu van, introduced to her through an intermediary (Nohesi). She did not directly identify the appellant, but evidence from other witnesses suggested the appellant was known as 'Tuti' and drove such a vehicle. After conviction and prior to the SCA hearing, the appellant applied for the matter to be remitted to the trial court to hear further evidence, consisting mainly of affidavits alleging that the complainant had later stated that the appellant had not raped her and that her mother had pressured her to accuse him.

The matter was remitted to the trial court for the hearing of further evidence, with appropriate directions regarding the taking of such evidence.

The case is significant for reaffirming and applying the strict South African test for remittal or reception of further evidence after conviction. It illustrates the balance courts must strike between finality in criminal proceedings and the interests of justice where potentially exculpatory evidence emerges post-trial.