A late night scuffle, an attempted murder charge and a lack of interest from the investigating officer. What do all of these have in common? Well, this is just one way of describing a case that was struck off the court roll recently.
In September 2020, the News published a video showing a scuffle in a parking lot at a shopping centre in Noordheuwel. The altercation allegedly happened on the evening of 20 August 2020 and at the time when the article was published, Colonel Madikwena Magdeleen Maboe from the Krugersdorp Police said the men involved had opened cases against each other.
Read initial article here: WATCH: Late night scuffle in Noordheuwel parking lot
One man was allegedly stabbed and sustained life-threatening injuries during the altercation.
By October 2020, the News reported that the case had not made it to court yet and the National Prosecuting Authority’s Regional spokesperson for Gauteng, Phindi Mjonondwane said the docket was with the Chief Prosecutor who was studying the contents.
At the beginning of February, the News reported that the accused in the case, Heinz Hubner, had been charged with attempted murder and the trial was postponed to 25 February.
After more postponements the court found on Wednesday, 20 April that there were unreasonable delays in the case. It refused another postponement and removed the case from the court roll until such time the investigation has been completed and the matter could be placed back on the roll.
The delay in this case seemed to stem from the investigating officer’s inability to provide the state prosecutor with footage of the incident or the necessary reports.
The court heard that the investigating officer first told the state prosecutor, Mikki Tesson that he had been on leave and there was no one else to fill in for him. Tesson told Regional Court Magistrate Keith Paige, that the investigating officer then claimed he was called as a witness in another case and could not provide her with the evidence she needed.
She said she could not give the court a time by which the investigation would be completed because she did not know when the investigation officer would provide her with what she needed.
Tesson told the court that her hands were tied if the investigating officer did not come to the table.
Magistrate Paige reminded the court that the case had already been postponed for a final time, and said that the investigating officer would have had more than ample opportunity to accommodate the state. He added that when a case is transferred to the regional court the matter should be trial-ready.
Hubner was released on bail shortly after his arrest in November 2020.
