Spin City owner walks a free man
Kidnapping and assault charges against the owner of Spin City- Kanyamazane were recently dropped by the Nelspruit Magistrate Court due to contradictions of state witnesses.
KANYAMAZANE – Kidnapping and assault charges against the owner of Spin City- Kanyamazane were recently dropped by the Nelspruit Magistrate Court due to contradictions of state witnesses.
This comes after two teenage complainants in the matter aged between 14 and 15 who testified in camera, failed to give a clear account of what happened on the night of the incident, November 30, 2013.
The charge sheet alleged that the boys were kidnapped, assaulted and poured with alcohol by the accused, Mr James Mnisi who also apparently locked them in the boot of his vehicle for more than eight hours.
However, the presiding judge in the matter, Magistrate Willie Wilkens pointed loopholes in the testimony given by the two, mentioning that when they were asked if they knew the accused, they said they did not know him, but were told by somebody else that it was him (Mnisi) who assaulted them, yet one of the teenagers also denied being assaulted by the accused. Another one also denied being put in the boot by the accused.
The magistrate also stated that the accused kept on changing their version and for unknown reasons, the statement of one of them was signed by his mother at the police station. “No one knows why because the boy was 14 years at the time,” he said.
Wilkens added that it was strange that one of the complainants said the Mnisi only stepped on his hand and nothing else happened yet the other complainant claimed they were kicked and assaulted by the accused. “It’s either were both drunk and no one saw exactly what happened because they differ so much.
With all this contradiction, it is clear that the court cannot rely on any of this witnesses and the court cannot call you ( Mnisi) to testify,” said Wilkens before withdrawing the charges against Mnisi.
Speaking to the victim’s parents outside court, they expressed their disappointment in this way: “It is painful that the kids failed to remember what happened maybe due to trauma. As the court has decided to withdraw the case, we won’t oppose but his (Mnisi) consciousness knows better if he did it or not.
We surrender everything to God,” they said. The teenagers are currently receiving psychological counselling.
