Court throws out defence’s application in former ward 64 councillor assault case

THE Durban Magistrate’s Court has dismissed an application by the defence to have the assault case against former ward 64 councillor Gavin Hegter thrown out earlier today (August 11) after the defence argued that the State had failed to establish a prima facie case against him.

The magistrate dismissed the application based on the presentations from both the State and the defence.

“Without wasting any time, I have considered the [arguments, including] submissions some of which were entered as exhibits, the defence’s submission cannot be successful at this time,” the court ruled.

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Hegter’s lawyer then asked for an adjournment, citing prior commitments scheduled for the day.

The defence intends to call in three witnesses, including Hegter, to testify in court as the trial continues.

Hegter’s legal representative had highlighted inaccuracies and inconsistences to the evidence of both witnesses, Mncedisi Dlamini and Lindizwe Dlamini.

Also read: Ward 64 councillor assault case: State rejects defence’s application

In a previous court appearance, the State responded to the defence’s application, asserting that there was a strong case against the accused. The State also addressed the issues highlighted by the defence in the application.

The matter was adjourned until September 11 for further evidence.