- Lawyers representing Corrie Pretorius in what has become known as the Groblersdal assault case, applied to have his bail application reopened so that they could introduce an eyewitness.
- The magistrate granted the request and the court heard that the complainant and his friends provoked Pretorius.
- But the magistrate denied Pretorius's bail bid.
An eyewitness claimed that the 16-year-old boy who was allegedly assaulted by Corrie Pretorius on camera was the provocateur along with his friends.
Pretorius appeared in the Groblersdal Magistrate's Court on Wednesday. His bid for bail was denied.
At the start of proceedings, Pretorius' advocate, JJ Venter, lodged an application to reopen their case.
READ | Man accused of assaulting teen outside fish and chips shop in danger if released on bail
Venter explained that they had an eyewitness account of what happened on the evening that Pretorius allegedly assaulted the teen and pointed a firearm at him.
The State opposed the application, arguing that the evidence could be presented at the trial and that it holds no value in a bail application.
But the court granted the application.
Eyewitness account
Venter read the eyewitness' affidavit into the record, and it was an account of what had transpired at the fish and chips shop in Groblersdal where the incident occurred.
News24 previously reported that part of the incident was captured on video and it showed an armed Pretorius stomping on the teenager's chest.
The investigating officer previously said the incident lasted around 10 minutes.
According to the eyewitness, he saw Pretorius and his daughter at the fish and chips shops where the incident occurred,
The witness claimed that teenagers present at the shop were drunk, and that they made a noise and a mess inside the food outlet.
One of the employees allegedly asked them to stop but they paid no attention to the employee.
Pretorius also allegedly asked the teenagers to stop and one of them allegedly apologised.
After Pretorius received his food, one of the teenagers repeatedly asked him for a "chip".
The affidavit read:
One of the teenagers then allegedly reached into the food container Pretorius had and swore at Pretorius, prompting Pretorius to push the teen.
"When the accused was outside the shop, the complainants stomped up against the accused in response to the accused and encircled him, threatening him and screaming at him."
According to the eyewitness, Pretorius withdrew his firearm but did not point it anyone. He later put the weapon back in its holster and returned to the shop.
But one of the teenagers allegedly went back into the shop and started shouting at Pretorius.
The eyewitness said:
Pretorius then allegedly told one of the teenagers that he would not touch his firearm again. At that point, one of the teenagers allegedly assaulted Pretorius from the side.
Pretorius grabbed the boy, threw him to the ground, and hit and kicked him.
The State said the affidavit didn't change the fact Pretorius still had a case to answer.
State advocate Billy Mudavhi said, at most, the affidavit only showed that Pretorius was allegedly provoked by teenagers, which did not justify his actions.
After listening to the new evidence, the court dismissed the bail application.
Magistrate Nancy Mathavha said that if Pretorius was released on bail, his life and security would be in danger.
The matter was postponed to 6 September.
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