MTB-Stu Posted November 12, 2020 Share I know what I am about to ask you is going to be tough. These guys usually get away because no witnesses pitch up for the court cases and this is not always because the victims are too scared or lazy to testify but because the system is so inefficient. What usually happens is that at the first appearance the defense attorney asks the magistrate whether the prosecutor has any witnesses to testify against the accused, if there are none the magistrate is almost compelled to release them. Of course if the investigating officer is there he will testify that he has a number of witnesses willing to testify which helps a lot to keep them behind bars. This game is repeated throughout the trial and as soon as there is no one there to testify the defendants are released. In 2016 we caught 3 bike jackers in Klapperkop and although I wasn't a witness or a victim I coordinated the witnesses to ensure there was always someone available. At the bail hearing I approached the state prosecutor and asked her to ensure that these guys did not get bail as there were 11 people willing to attend an identity parade, I could see from her attitude that she didn't really care. So when these guys appeared and she did not push for them to remanded in custody I walked up to the bench and stood in front of the magistrate until he asked me "Sir why are you standing in front of me" I explained the situation to him and he asked the state prosecutor whether it was true. Well, you can imagine her embarrassment when the magistrate lambasted her for not speaking up for the community she was supposed to serve. The 3 accused were hauled back from the holding cells and their bail was revoked, ID parades were held. I ensured that there was always at least one witness available per hearing, in fact my relationship with the magistrate was such that even if there wasn't a witness he gave me an hour or so to get them to the court. It took 3 years and about 12 court appearances but in the end they were put away for 12,18 and 29 years. It's a tough ask but you will be doing your community a favour by just making sure that you testify, hopefully you'll find a switched on state prosecutor because if you do they can ensure that you give your evidence early on in the trial and you won't have to go through my ordeal. Thanks man and well done on the perseverance. I am fine with testifying. It just doesnt help that I would think I need to be available in court yet I am currently from JHB with the likelihood of moving to Maun and Vic Falls in the new year. As much as I want to see these guys behind bars - to learn a lesson. I would rather have white collar crime be put behind bars along with our corrupt government officials, these are crimes out of absolute greed. If our government stopped stealing absolutely everything there would be more opportunity and education, which will in turn lead to less crime. My privileged life of PVT School, UCT, CA SA is only due to my parents providing me with opportunity, these guys out in the townships start with nothing and yet our government doesnt care, its a shame. I cant say i wouldn't do the same thing and steal bikes if I had to feed my family? All in all these guys still need to learn, I will do my best to testify. Thanks for the details and the process. Rushdee, River Rat, Sid the Sloth and 2 others 5 Link to comment Share on other sites More sharing options...
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