'The court should have found the accused not guilty and should have acquitted him in respect of both of the aforesaid counts.'
She also found him guilty of obstructing justice by making Susan's death look like a suicide. Susan was found dead behind a locked bathroom door with a hair-iron cord around her neck .
In his application for leave to appeal, Rohde's counsel Graham van der Spuy said Salie-Hlophe should not have convicted him. "The court should have found the accused not guilty and should have acquitted him in respect of both of the aforesaid counts," argued Van der Spuy. "The convictions of the accused were against the evidence and the weight of the evidence. The court erred and misdirected itself in failing to make a finding that the accused's evidence was probably true; alternatively, at the very least, that his version of events was reasonably possibly true - namely that the deceased died by committing suicide by hanging herself and that she was not murdered by him.
Van der Spuy said Salie-Hlophe failed to properly analyse and evaluate the evidence and"instead did so in a manner that was subjective, selective and failed to take into account the whole of the evidence that was legitimately placed before the court".
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