The appellant was convicted in the Magistrates’ Court of assault with intent to do grievous bodily harm after the complainant was sprayed with pepper spray in Brooklyn on 6 September 2007. The assault itself was not disputed; the sole issue was the identity of the assailant. The complainant and a car guard, Mabena, identified the appellant, a security guard known in the area, as the attacker. The appellant denied involvement and raised an alibi, testifying that he was at home with his wife at the time of the incident. Initially, his wife did not testify due to incorrect legal advice that she was not a competent witness. Her evidence was later admitted under s 309B of the Criminal Procedure Act and fully corroborated the appellant’s alibi. The magistrate nevertheless rejected the alibi, preferred the State witnesses’ identification evidence, and convicted the appellant. Appeals to the High Court were unsuccessful before the matter reached the Supreme Court of Appeal.