Tshosa is charged with assaulting a police officer on the night of May 22, 2010 outside Molepolole, driving under the influence of alcohol and failing to provide breath specimen after his car collided with another.The defence was led before outgoing Regional Magistrate, Barnabas Nyamadzabo. Moeletsi said state witnesses' contradictory statements during cross-examination simply showed that the alleged assault of constable Moses Ndlovu by Tshosa is a lie.
He said the fact that the particulars presented before court by the victim do not set out the nature or form that the assault took, save to say that the accused was violent during arrest but failing to demonstrate how the accused was violent during cross-examination, does not advance the prosecution's case. He charged that such revelations further dent the credibility of the victim. He told the court that during Tshosa's arrest and detention, Ndlovu was the arresting officer even though he claimed that he was assaulted and in pain. The defence attorney said if Ndlovu was assaulted as he alleges, he could have let other officers who were with him on the night arrest Tshosa.
