Appeal upheld - after 9 years
2005-05-20 23:14
Johannesburg - Convicted Tulbagh rapist and robber Petrus Liebenberg was hastily released from prison on Friday morning after having served nine years and eight months of his 10-year sentence.
Speedy arrangements were made for his release after three Appeal Court judges heard his appeal against his conviction only on Tuesday, almost 10 years after his sentencing on September 22 1995, as a result of various administrative blunders and delays.
Liebenberg's appeal was upheld.
Judges I Farlam, B Jafta and D Mlambo took the unusual step of delivering their judgment (without giving reasons) immediately after hearing argument - and ordered that Liebenberg be released immediately.
The judges found Liebenberg's alibi was reasonably and possibly true and that his witness's testimony had been wrongfully rejected in the regional court and the Supreme Court.
Still in prison after judges' order
He should have been released on Thursday afternoon in accordance with the judges' order.
But, when the Appeal Court registrar phoned on Friday morning to ensure that the order had been carried out, Liebenberg was still in prison.
The assurance was given that he would be free by Friday afternoon.
Professor Tom Coetzee, professor of criminal law on the Potchefstroom campus of the University of the North West, said on Friday: "This is one of the most-remarkable stories in South African law I have heard in my life.
"But, at the same time, it is one of the most-horrific stories in that someone could have served just four months short of a 10-year sentence before being able to exercise his right to appeal.
"One cannot believe this about a so-called civilised country with a developed legal system.?
Liebenberg was found guilty in Tulbagh regional court in 1995 of raping and robbing a 47-year-old woman, and sent to prison for 10 years.
His appeal to the Supreme Court in Cape Town in 1996 was unsuccessful.
Then followed the administrative feet-dragging, blunders and delays, including negotiations with the Legal Aid Council for four years.
Can sue for millions, says advocate
The upshot was that Liebenberg had no idea of what he should do in order to reach the Appeal Court.
It was only earlier this year that he was told he was entitled to exercise his right to appeal in the Appeal Court.
Legal experts have said that huge civil claims could arise from the case, but not against the courts.
An advocate said: "The court processes were in order, but if negligence on the part of lawyers can be proved, Liebenberg will be able to claim millions."