Brown-Norman withdraws ATI case
Nnasaretha Kgamanyane | Thursday September 4, 2014 15:55
Brown-Norman withdrew the charges pointing out that there was no need to commence with the case without the presence of Mpathi Kgosietsile for the prosecution.
The musician together with his co-accused, Baboloki Phaga and Godiraone Motswedi, were freed after the magistrate withdrew the case following failure of the prosecution to comply with the court orders.
She said that the prosecution’s constant failure to appear at the court showed that they were not serious.
“On the contrary the accused always appears before court as ordered and have not been absent for their trial at any time. When the court orders them to show up they always do,” she said.
Brown-Norman expressed her disappointment saying that unlike the prosecution the accused have shown determination and commitment towards the case.
She added that she withdrew the case, as it was unfair for the accused to spend a lot of money in the mention and legal services when the other party did not put an effort on the matter at hand.
“The prosecution did not try hard to ensure that required documents are availed. I withdraw the case with the reasons stated above. Prosecution is required to reinstate the matter once they feel ready to proceed with it,” she added.
The trio was alleged to have kidnapped and tortured 29-year-old Nayang Ngwenya earlier this year, following a misunderstanding over gate-takings from a music festival.
The accused faced a possible prison sentence of 10 years for kidnapping, with a possibility of an added year for assault.
In their last appearance, the ruling was deferred, as the judge was absent.
Previously, Molemogi’s lawyer Kgosietsile Ngakayagae filed for the case to be dismissed following the series of postponements and late submission of evidence. He argued that the prosecution stalling was a waste of time and resources.
He also submitted that the state had breached the court order by serving them a summary of evidence on a date later than the one set by the court. He had also given a short time to review the evidence.