Ruling for ATI kidnapping case set

Correspondent | Friday August 1, 2014 15:38

 

 

The court will then decide whether to dismiss the charge brought forward by the state or proceed with the prosecution against the famed artist and his accomplices.  The defence team argued before magistrate Joy Brown-Norman that the state breached the court order by serving them with a summary of evidence later than the set date, without even applying for leave or condonation. ATI’s lawyer, Kgosietsile Ngakayagae submitted that in doing so the state was not only contemptuous of the court order, but also gave them a short period of time to review the evidence. 

“We pray that the court dismisses this case based on Section 278 of the dismissal of charge in default of prosecution,” said Ngakayagae.

According to the court order, the prosecution should have served the defendants with the summary of evidence on July 4, 2014.  However the state served the defendants a few days ahead of the Case Management Conference.

The prosecution argued that they filed the papers late, as the printers in their offices were not working. The state had in the previous session sought for postponement so as to include new evidence and also to serve the defence lawyer and the accused with the new developments.

ATI and his accomplices, Baboloki Phaga and Godiraone Motswedi, allegedly kidnapped Nayang Ngwenya after a money dispute on January 2, 2014. Apart from kidnapping, Ngwenya claims that the trio tortured him with electric shock.

 The dispute reportedly followed a show organised by Molemogi which was held in Serowe in December 24, 2013.

If the accused are found guilty they are likely to be sentenced to 10 years imprisonment for kidnapping and abduction with a possibility of an added year for assault.