Charges provisionally withdrawn in KFC assault case

Stefan Nel, Dicky Junior van Rooyen, Marius Harding, Ockert Muller and Joshua Liam Scholtz stand in the Pretoria North Court, accused of assaulting a couple in KFC's drive through. (Deaan Vivier, Gallo Images, Netwerk24)
Stefan Nel, Dicky Junior van Rooyen, Marius Harding, Ockert Muller and Joshua Liam Scholtz stand in the Pretoria North Court, accused of assaulting a couple in KFC's drive through. (Deaan Vivier, Gallo Images, Netwerk24)

The State has provisionally withdrawn charges against five men accused of assaulting a couple at a KFC drive-through section in Montana, Pretoria, more than two years ago. 

Appearing briefly in the Pretoria North Magistrate's Court on Thursday, Marius Harding, DJ van Rooyen, Stefan Nel, Joshua Schultz and Ockert Muller heard that the matter was removed from the roll. 

This was the instruction of the Gauteng Director of Public Prosecutions (DPP) that further investigations should take place. 

Attorney Nols Nolte for Nel, Harding and Schultz told the court that a letter had been received from the National Prosecuting Authority about several aspects of the investigation that still have to be conducted.

"They told us 21 months ago that the investigation was complete," Nolte said. 

Advocate Francois Kriel also said it was strange that there was a new list of instructions two years after the matter was first put on the roll.

The five men were expecting to learn the outcomes of representations they made to avoid prosecution.

Harding, Van Rooyen, Nel, Schultz and Muller were charged with attempted murder, assault with the intent to cause grievous bodily harm and pointing a firearm.

They were accused of the assault of Jacob and Dudu Sono at a KFC in the early hours of the morning on August 3, 2017. 

More than two years later, after several court appearances and postponements, the matter has still not gone to trial.

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