By KEDIBONE MOLAETSI
A 35-YEAR-OLD man is a free man after the Vryburg Magistrates’ Court withdrew a malicious damage to property against him. Sibongile Dude was arrested on suspicion of smashing windows at the Vryburg Magistrate’s Court on 9 January 2022.
The National Prosecuting Authority (NPA) spokesperson in North West, Henry Mamothame said the matter was withdrawn after the state’s key witness deviated from his original statements during trial.
“The security guard who the state relied on to lead its evidence-in-chief, told the court that he did not see the accused committing the crime. This weakened the state’s case as there wasn’t sufficient evidence linking Dube to the alleged offence.
“The initial statement from this security officer, who was on duty on 9 January 2022, alleged that he heard windows being smashed and upon investigation, he saw the suspect running away from the scene,” Mamothame said.
He further said the security guard claimed that he gave chase and caught Dube, then called the police, who apprehended and formally charged him. Mamothame added that, during Dube’s court appearance on 17 January 2022, he opted to represent himself and told the court that he intended to plead guilty to his offence.
“However, he later changed his mind and requested Legal Aid representation. Dube claimed that his actions were driven by anger, following a three month jail sentence he served for failing to appear in court on a separate offence in June 2020.
“He also attributed his anger to a two year sentence he received in 2009 on an assault case. Dube alleged he had a valid reason for not attending court, but was nonetheless sentenced. However, the state was unable to use his confession as evidence as it was not a formal admission and the charges had not been presented to him before sourcing the services of a legal representative,” said Mamothame.
He said the reasons for the key witness to deviate from the original statement are unknown and regrettably, the matter had to be withdrawn.
The Guardian 