Police Boss Acquitted In Careless Driving Charges

Lebogang Baingapi | Monday May 29, 2017 16:04

 

Manewe was accused of hitting a VW Golf car with a VW Polo vivo on the night of August 25, 2013.

He tried to overtake the Golf, but then saw an oncoming BMW on its lane. He tried to go back to his lane, but it was too late as he hit the Golf at the back, which ultimately fell in the trench.

Magistrate Basinyi said the State failed to prove that indeed the police boss was careless in driving or at least confirm that he was over-speeding when the accident occurred. She also said all the State witnesses gave different estimations of the car speed, which did not assist the Court in any way.

Manewe’s version of events was that the Golf motor car made a sudden brake and he had no choice because there was a truck behind him and he hit the Golf car.

He said he stayed for some minutes in the car because the airbags were out and he ultimately went out to seek medical attention due to the arm and neck injuries. He also stated that he waited for the police for about 25 minutes before leaving.

“The position of the law is that all drivers should be alert on the road and use all their mirrors.

The law also talks about a reasonable distance that should be left between the two cars which none of the state witnesses has put to the Court in argument.

However all drivers in this case were expected to be vigilant and observant,” said Basinyi.

Basinyi further indicated that none of the State witnesses spoke about the observation except one who said the accused moved back to his lane upon realising that there was oncoming traffic, but the statement has not been collaborated by other witnesses.

Basinyi noted that there were also contradictions in the colour of the BMW car, which was oncoming, as other witnesses said it was black while others said it was silver.

As for the investigating officer, Constable Ruth Ditshetelo, Court was of the view that she was somehow intimidated to investigate her senior.

Basinyi said it was evident that no investigations were carried out by the said officer as she gave contradictory statements.

“It seems like she only came here to say what she was told, not from the findings of the investigations.

Even when there were contradictions and inconsistency in her version, she failed to reconcile such. We can safely say she failed to prove her case,” said Basinyi.

The Court also poured cold water on Ditshetelo‘s claim that she searched for her boss at Ditsweletse Clinic and the Jwaneng Mine hospital after the accident to no avail, though he was said to have fled the scene to seek medical attention. The Court highlighted that the accused was not only limited to the two health facilities and he had other options of private health consultations.

“Some State witnesses were saying the accused was walking away after the accident while some said he was running.

All witnesses noted no visible injuries in the accused’s body, but the State could have brought a medical expert who could have proved that indeed the accused had no injuries.

No documents were tendered by the State to support his fitness at that time and investigations were left hanging and facts not confirmed,” Basinyi added.

She said there could not be a conviction under such conditions and he freed Manewe. He was represented by Thembani Jeremiah while Tabitha Dithole of the Directorate of Public Prosecutors represented the State.