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THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Case No: 480/2008 In the matter between: OKSANA KARIM and THE STATE Neutral citation: Respondent Oksana Karim v The State (480/2008) 2011 ZA SCA
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August 2011 Judgment: IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT AJO WA KEROSENE MR AKA Appellant If The appellants' appeals on the convictions for rape and attempted rape of an 11-year-old girl at Khayelitsha and the conviction of Ms Miranda, the senior police officer (Senior DC), for perjury with respect to admissions she had made during interrogations of the appellants. 1. The appellants, Miranda and KwaZulu-Natal District Police Office (DPO) officers (DCO), made a number of admissions during the course of interrogation of the appellants' that they raped the victim. The fact of these admissions was not only conceded and conceded, it was not in dispute. Their admissions were made in the course and in circumstances of corroboration by the victim's sister. The victims mother, Mr Mph Dracula, had also agreed that these admissions, taken into account with the other evidence, formed a part of all and sundry, that evidence that in itself is sufficient to sustain conviction. 2. When it was asked, in cross-examination, whether Mr Rama sane, senior DCO of DPO, had taken into account the victims testimony and that is the admissions that were made to him in relation to the rape, the accused denied that had done so. That denial was repeated by Mr Rama sane at the oral hearing of the cross-examination. Mr Rama sane's denial, however, was challenged on the basis that the evidence of the mother and Mr Dracula was in dispute. In support of that challenge, Mr Rama sane adduced the following documentary evidence for the proposition that the victim's admission had given rise to a common ground of admission: 3. The following exchange took place between Ms Miranda and the mother and, after a number of exchanges, the victim's sister intervened. It is apparent that the statement by M.B.L. to the mother related in part to the admissions that Ms Miranda had made to Mr Rama sane and that that was corroborated by Ms Miranda's daughter: M.B.L.-I was there. She [the victim's sister] was there. They (police) did do it. She (the victim's sister) just said 'they did do it'. K.

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