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Bid to get charges dismissed fails

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The alleged incident followed after the group and the couple apparently had an argument after which the group followed the couple home and allegedly attacked them

File photo: Pexels

AN APPLICATION to have criminal charges dismissed against an ANC ward councillor and four of his co-accused was denied by the Galeshewe Magistrate’s Court yesterday.

Lesedi Mocwagole, 47, Mapule Makaudi, 41, Paseka Makaudi, 25, Kutlwano Makoloi, 27, and Refilwe Klaas, 24, are charged with four counts of assault with the intent to do grievous bodily harm (GBH), one count of trespassing and one count of common assault after they allegedly assaulted Boitumelo Mosata with a sjambok and pick handle during the early hours of February 24, 2019.

Mosata’s girlfriend, who was with him at the time, was allegedly slapped by Mapule Makaudi.

It is alleged that Mosata was hit with the pick handle by Mocwagole and kicked and dragged down Radebe Street by Paseka Makaudi and Makoloi.

The alleged incident followed after the group and the couple apparently had an argument after which the group followed the couple home and allegedly attacked them.

The State, represented by advocate Tevaughnay van Wyk, told the court that Mosata suffered injuries to his head and upper body.

The legal representative of the accused, Tshwaro Kgotlogomang, said that the three witnesses called by the State all gave contradictory evidence to the court and that the charges should be withdrawn against the accused.

Magistrate Benjamin September was, however, not convinced, stating that contradictory evidence is not a basis for discharge.

“We cannot rely on the evidence of the third witness as he did not know what had happened as he was too intoxicated. If it had only been the testimony of the third witness then I would have granted the application, however, the court is in possession of the plea explanation of the accused.

“The accused have placed themselves at the scene,” said September.

“The court also has to regard the taking of the statements of the witnesses, including the manner and purpose the statements were taken, and whether the differences in the statements and the evidence are material.

“The important thing to bear in mind when at a scene is to remember not everyone has the same ability, some witnesses may have limited abilities to others. However, having limited ability does not make someone a liar.

“I am of the view that the accused should explain themselves in this matter,” concluded September.

The matter was postponed to January 2020. The bail of all the accused was extended.