Before finding the accused guilty on two counts in the Boksburg Magistrate’s Court on January 27, the magistrate had his hands full with the 30-year-old defendant, in the dock for assaulting his mother (58) and police officers last year.
Emmanuel Mamogobo was found guilty of assault with the intent to cause grievous bodily harm for assaulting his mother in January, last year, and guilty of assault for an attack on police officers while resisting arrest.
Mamogobo opted to defend himself at trial.
When Magistrate Cecil Kruger last week asked the accused if he was ready to present his defence statement, he said he was not because he had to share a cell with 60 people and this prevented him from preparing his defence.
He also told court that since his arrest his rights have not been exercised. When the magistrate tried to address Mamogobo, he raised his voice at the magistrate.
The matter was adjourned until after lunch as a result of the disruption caused by the accused.
When the case resumed, his mother took to the witness stand. When Mamogobo was offered the opportunity to cross examine his mother he told the court he was feeling dizzy and sick.
The magistrate then asked him whether a postponement would be necessary and he replied that the court should make its own decision.
The state prosecutor requested the case not be postponed again. Mamogobo was again requested to cross examine his mother and responded that he had nothing to say.
Police officer testifies
Const Ludwick Mogane, of the Reiger Park SAPS, said he was on duty at the station when he came across the elderly mother who said she was scared to go home because of her abusive son.
He said they he and another officer took the woman home and before they could speak to Mamogobo, he became violent and attacked the officers with a spade.
“While trying to arrest him, he fled. We gave chase but couldn’t find him,” Mogane explained. Mamogobo was arrested by police a few days later.
When Kruger asked Mamogobo if he wanted to question the police officer he responded by asking Mogane “who fired a shot while I was running?”. Mogane replied that no shots were fired.
Mamogobo further told the magistrate that he also wanted witnesses to appear, but when asked if he had or knew any witnesses his answer was unclear.
He told the magistrate that he will remain silent until the end and was then informed of the implications of this.
Kruger then moved to close the defence’s case and announced the guilty verdicts.
While the magistrate was handing down judgement, Mamogobo interrupted him by telling him he wasn’t “his dog” and pointed at him.
When the state prosecutor highlighted some of Mamogobo’s previous crimes, including housebreaking, he furiously descended the stairs back to the holding cells.
About five officers had to be called in to calm Mamogobo down as he continued swearing at court officials.
The case was postponed to February 5, when Mamogobo will be sentenced.
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