Driver In DIS Operative Case Discharged
Goitsemodimo Kaelo | Monday September 17, 2018 12:11
Ndwapi was accused of hitting the DIS official vehicle while driving under the influence of alcohol back in 2015. Even though the driver of the vehicle, security agent Galani Nnadzwa was also driving under the influence of alcohol, he was not charged but turned state witness instead.
When discharging and acquitting the accused this week, Willie said the prosecution failed to prove its case beyond reasonable doubt. He said that the evidence led by the prosecution was of such a poor quality and no court could rely on it. “The State has argued that the accused voluntarily submitted to the test, but the evidence led is contradictory, the Prosecution Witness Number 1 testified that the accused wanted to call a lawyer so that she knows her rights and that she was too loud in the room and refused to sign the transcript. This is a material contradiction that blemishes the State case and renders the evidence unreliable,” said Willie.
“The State has also argued what the relevance of contacting a lawyer would have been. This argument is hollow and loses sight of the fact that accused persons have a right to legal representation as enshrined in the constitution. She also has a right not to give self-incriminating evidence and includes the right to remain silent. The accused is therefore acquitted of count one,” he added.
On the charge of causing accident, magistrate Willie said the contentious issue was whether the streets lights were off or not and whether the lights of the prosecution witness number one were off before the impact.
He said the state witness and DIS operative gave evidence that contradicted what the other witness stated.
“He said the area was dark. PW2 could also not dispute that PW1 motor vehicle lights were off. He could not tell whether they were on or off. The PW 1 has also testified that he is not sure of what exactly happened because at the time of the accident both drivers were drunk,” said magistrate Willie as he acquitted the accused on the second count.
After his client was acquitted attorney Uyapo Ndadi said he was happy with the decision of the court. He stated that it shows that the court was alive to the rights of the accused.
Ndadi said the police must at all times use their powers within the parameters of the law and respect their customers’ rights. “I hear from the police officials that the security agent who tested positive for alcohol has been acquitted too, but in court recently he claimed no knowledge of the status of the case. I have asked the court officers to find the file for me so that I can inspect it and see what exactly transpired, I will then take it from there. If it means applying for a re-trial, so be it. And I will gladly prosecute it privately as he has already admitted under oath that he was drunk and unlike my client, he voluntarily tested. Justice should be for all and the wrath of the law should apply to all who violate the law,” said Ndadi.
The DIS operative had admitted under oath that the organ officials are allowed to drive under the influence of alcohol when they are on duty under surveillance.