If the state fails to complete investigations this time around, the case might be struck off the court roll or the case may have to proceed to trial without the crucial evidence that the state is trying to secure.
The men were arrested in September last year, following a joint intelligence-driven operation which foiled an alleged robbery at a cell phone store at Fourways Mall. The six were arrested with three other police officers stationed at Douglasdale Police Station. The state has since withdrawn charges against the three police officers.
On 20 March, the six appeared before Magistrate Godwin Sadiki in the Randburg Magistrates’ Court on charges of conspiracy to commit a robbery with aggravating circumstances, possession of unlicensed firearms and possession of prohibited firearms.
The state kicked off proceedings by putting the investigating officer (IO) in the matter, Warrant Officer Johannes Last on the witness stand. Last told the court that investigations were still incomplete. He told the court that a lot of progress has been made since the last appearance and that the only outstanding item was the DNA results.
Last told the court that as things stand, he needs to take new buccal samples from the accused persons as the originals that he took when the accused persons were arrested are apparently missing. Last said he cannot fully account as to how they were lost but said from the response he received from the forensic department, he can only conclude that the samples were lost.
Last told the court that the samples were critical in this case as it will assist to prove who was in possession of which gun as all accused persons denied being in possession of any gun.
According to Last, results can take up to six to seven months to be released from the forensic department but said he has an undertaking from the commanding officer at the department that he will speed up the process and see to it that the results are finalised as soon as possible.
Defence attorneys objected to a further postponement for investigations, citing that the postponements were prejudicial to the accused persons’ right to a speedy trial.
Last maintained that having the forensic report on buccal samples was also in the interest of justice. The investigating officer told the court that the finalisation of other dockets and centralisation of the case was something that was still on the cards.
Sadiki, however, said it will not be fair to stall processes in this matter because of other pending issues.
The magistrate granted the state the postponement and pointed out that this was a final postponement in this case. He instructed the state to submit the record of handing in the samples to forensics in detail and hand in any communication between the state and the forensic department but emphasised that he expects to have the forensic report results at the next appearance.
The case has been remanded to 19 April and all accused persons remain in custody.
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