State drops ball on dog poisoning case, again

After interminable delays and postponements, the charges against a Ballito resident for allegedly poisoning his neighbour’s dog in 2014, have been withdrawn for the second time.

The case arises from the alleged poisoning of an Alsatian dog, Bella, belonging to Amir and Dashni Abbas of Salisbury Road, in January 2014. CCTV cameras capture a man throwing apparently poisoned sausages over the front gate of the Abbas’ property, which are then eaten by the dog. Footage shows the dog dying an agonising death shortly afterwards.

A Ballito resident appeared in the Stanger magistrate’s court last week for trial on charges of cruelty to animals and damage to property, but the State again asked for postponement due to procedural problems.

His Counsel, Adv Paul Jorgensen, applied for the case to be struck off the roll. He said the case had been set down for trial five times and his client had made 14 appearances in court.

“There is no explanation for the delay in the State case. Someone in the State employ has been unproductive and negligent. What is clear is that the accused has been prejudiced and this prosecution is becoming a persecution.

“He is a successful businessman and these appearances have cost him half a month already, plus the cost of legal representation.”

Jorgensen said he intended challenging the authenticity of the CCTV footage, which was the basis of the State’s case.

“We have seen several copies of the footage, and every time they are different. How is the State going to explain this?”

Magistrate R Kunene ordered that the matter be struck off the roll and the charges dropped.

Speaking afterwards, the dog’s owner, Amir Abbas, said he was very angry that the State had “dropped the ball” yet again. Charges had been dropped in October 2014 without explanation, but had been reinstated after pressure from Abbas.

“After all that, they are dropped again. I am at a loss for words. What is going on here?” he fumed. Abbas vowed that he would continue to push for charges to be reinstated.

In a separate matter, the Courier has learned that Mr Patrick Delamere is suing the Minister of Police for R2 million for what his lawyers say was unlawful arrest and pain and suffering at the hands of the Umhlali SAPS when he was arrested at his Ballito home by a Warrant Officer Reddy on January 18, 2014, in connection with a dog poisoning charge relating to the death of his neighbour’s dog.

The Pretoria News and other media reported last year that Delamere described his nightmare ordeal in papers before the High Court in Pretoria. He claimed he had to endure a high-speed “drive from hell” in the back of a police van in which there was a loose spare wheel bouncing around and was then was locked up in a filthy cell.

In a letter to the Minister, which is attached to the court papers, Delamere’s lawyer, Martin Hood, said his client had been kept for 37 hours in the Umhlali police station in circumstances that did not meet his basic human rights. He was not given proper food, hygienic facilities or decent bedding. As a result of the drive, he was injured and had to undergo surgery.

Hood claimed such actions were common practice with law enforcement officials to ensure that a person arrested was “softened up” prior to being booked into the police station.

It is also claimed that the SAPS demanded a bribe from Delamere before they would release him.

Hood said there had been no need to arrest and detain Delamere – a successful businessman with close ties to his community – on such a minor charge.

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