Prosecutor walks because police bungled case

2014-06-03 05:00
(File)

(File) (Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Mbombela - A prosecutor accused of driving recklessly under the influence of alcohol was acquitted on Monday after a police officer failed to collect the evidence properly.

A Sapa correspondent reported that Joy Ndlovu pleaded not guilty to reckless driving when he appeared for trial in the Tonga Magistrate's Court in Mpumalanga.

The first witness, Constable Thobejane, of Schoemansdal police station, testified that he attended the accident scene around 17:00 on 25 June 2011.

He said a Nissan Navara bakkie had collided with a tractor.

Thobejane said that when police attended the scene, Ndlovu was not co-operating with the police because he was drunk.

"Mr Ndlovu you were drunk because you were unable to speak when I interviewed you at the police station and on the scene," he said.

Ndlovu denied being drunk and accused the officer of failing to do his job properly.

"You are an irresponsible police officer. You failed to do your job properly. Let me put it to you that your blood kit has expired, so in that way I cannot accept any results said in court about them," said Ndlovu.

The second witness, who was driving the tractor, Mfanuzile Magagula, of Boschfontein, testified that he also noticed that Ndlovu was drunk because of the way he behaved.

"You were drunk because you also insulted police officers and I saw beer bottles and a glass inside your car after the accident," he said.

Magagula could not say whether the beer bottles contained liquor or not.

Senior magistrate Sam Nkuna said he could not find Ndlovu guilty because police had bungled the case.

"Your testimony doesn't make me find this man guilty because you Thobejane used an expired blood kit to draw his blood and you Magagula were driving without having a driver's licence and you parked your broken tractor on the incoming lane and it didn't have lights," said Nkuna, shaking his head.

"In future, Thobejane, you must learn to do your job correctly. After combining all your testimonies I find the accused not guilty and I therefore discharge him."

Read more on:    mbombela  |  crime

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
57 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
SPONSORED CONTENT
4 real car inventions that seem like science fiction

Vehicle design and tech have come so far so fast, that what seemed impossible has become reality. These are some of the fun and exciting innovations that have found their way into vehicle tech.

/News
 

Top 10 richest musicians of all time

Check out the gallery to find out who they are!

 
 

Luxury living

Seven of the most expensive children's toys ever made
5 millionaires turned murderers
The youngest billionaires in the world and how they made it
Watch: Flying first class has never been this luxurious!
Horoscopes
Aquarius
Aquarius

Innovation, idealism, romanticism and other far reaching dreams can lead you into a spiral of enthusiasm and excitement. Somewhere...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.