Despite Anene Booysen identifying Jonathan Davids as one of her attackers hours before dying, the state has dropped all charges against him.
Two men accused of raping and murdering teenager Anene Booysen appeared in the Bredasdorp Magistrate's Court on Tuesday.
According to EWN, the state withdrew its case against Davids, much to the delight of his family members, who were in court.
The case against Jonathan Davids (22) and Johannes Kana (21) was postponed last month because the state was still waiting for forensic analysis, cellphone records and a handwriting report.
Booysen (17) was found severely beaten and disembowelled at a construction site after spending several hours at a pub in Bredasdorp on February 2. She died soon after being hospitalised.
Before she died, Booysen said from her hospital bed that five or six men were involved in the attack. Only Davids and Kana have been arrested until now.
They have confirmed that they were at the same pub that night.
Davids was denied bail in February as the court found he had failed to prove exceptional circumstances existed for his release. He has pleaded not guilty to the charges against him.
According to the Cape Argus, Kana confessed to raping and assaulting Booysen, but not murdering her. He did not apply for bail.
The National Prosecuting Authority's head of comunnication Bulelwa Makeke tweeted shortly after the decision.
#AneneBooysen 'rather free 100 ppl guilty of a crime, than wrongly prosecute 1 person for a crime they did not commit'. Saw that somewhere
— Bulelwa Makeke (@BulelwaMak) May 21, 2013