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Against that backdrop and from his perspective, it would hardly have seemed likely that any explanation proffered by him would be acceptable. It is true that it is in the interests of justice that crime should be punished. In our view Mkohle was misapplied by the trial court. The conclusion is unavoidable that the appellant was wrongly convicted of murder. All of this was glossed over by the trial court. But meeting up with the police was the last thing that the appellant would have wanted, on his version. It bears directly on the question whether the deceased was alive or not.

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