Accused in SBV cash centre robbery acquitted
The four-year-old trial ended in the Magistrates' Court last week when three accused were acquitted.
MBOMBELA – Three men accused of robbing the Rocky Drift SBV Cash Centre of more than R2 million in January 2010 were acquitted in the Nelspruit Regional Court on Wednesday.
The three accused appeared in court for the first time on January 18, 2010 as part of a group of five. Two of them have died since, leaving Messrs Nkwane Vusimusi Nkosi, Given Mathebula and Velly Ntuthuko Bongani Magagula charged with robbing the centre and making off with R2 454 000. They were also charged with assaulting Mr David Molimi, Ms Sibongile Khoya and Ms Gladys Smangele and illegally possessing a firearm and ammunition.
The court proceedings resumed on Tuesday when WO Petrus Nkosi testified on behalf of the state. During cross-examination, a few questions posed by defence advocate Mr Johann de Necker revealed discrepancies between this witness’ written statement on the arrests of the accused and his verbal version of these events.
When De Necker pointed out that the witness’ versions did not add up, Nkosi retaliated from the witness stand. “I am actually asking the defence advocate to speak to me like a man, not like a child. I need respect,” he said. “I am on duty here, you must respect me,” the policeman demanded. “You, sir, must respect the court,” was De Necker’s response. The two were cautioned by magistrate Mr Roelf Smith to set the argument aside and the proceedings continued.
It was not long before Nkosi attempted to redirect De Necker’s question on the date of the accused’s arrests. “I am not the investigating officer on this case, This is not my only case. I have many other cases as well,” he shot back when it was pointed out that he could not confirm when one of the accused was arrested. To another question he replied: “I am not answering that question. Let us ask another question and proceed.” Smith restored order in court once again and the case continued.
After all of the witnesses for the state were heard, the defence applied for acquittal on Wednesday morning. It was granted as the court found that there was not sufficient evidence before court on which a reasonable person would rule that the accused were guilty of the crimes that they have been charged with. All three are now free men.
