MBOMBELA – The tendency of key witnesses not showing up in court to testify against their assailants seems to have become a regular occurence.
This increased the number of cases being withdrawn and suspects being freed from lawful custody.
The latest example of this was at the Nelspruit Magistrate’s Court. Mr Lucky Mhlabane of Mataffin who had been charged with two counts of robbery on separate incidents around town, had both charges withdrawn against him due to the four witnesses not showing up to testify, excluding the SAPS’s fingerprint expert.
Defending Mhlabane, his legal-aid attorney argued that the said trial dates against her client were previously postponed, firstly on March 4, again on April 24 and again to August 27, in order for the victims to come and testify against the accused.
However, they failed on all three occasions. “The affected victims in this matter are still not present before this court, if they were interested in the proceedings of this matter they would have been here to testify.
“It is unfair for my client to come before the court if the complainants are not interested.
“I therefore submit that charges be withdrawn against my client,” stated Mhlabane’s legal representative.
The state prosecutor who initially applied for trial postponement, indicated that the key witness in the first charge was no longer working at the shop where Mhlabane had allegedly committed the robbery and no reasons were provided concerning the other witnesses in the second charge.
Magistrate Ms Shirley Msibi withdrew both charges against Mhlabane due to fact that key witnesses and complainants had failed to come to court. There were also no reasons given by complainants of why they could not attend.
“The case is for now removed from the court’s roll although you are not acquitted. If the complainants show interest, they may still go and reopen the case with the police, you (Mhlabane) may be freed,” she said to the delight of Mhlabane and his friends who accompanied him to court.
