Ward 64 councillor assault case: State rejects defence’s application
The State argued that the accused did not deny that he was at Hoopoe Lane, outside the State-owned building where the assault allegedly occurred.
A FINAL judgement in the application brought by the defence to dismiss the assault case against former Ward 64 councillor Gavin Hegter is expected to be handed down at the Durban Magistrate’s Court on August 11.
The defence had filed an application last month, citing inconsistences and inaccuracies in the testimonies of the two witnesses, Mncedisi Dlamini and Lindizwe Dlamini.
Also read: Ward 64 councillor Gavin Hegter resigns
In response to the application, the State argued that the accused did not deny that he was outside the Hoopoe Lane State-owned building where the assault occurred.
Click here to read more stories related to Hegter’s case.
The State still maintains that the witnesses evidence is solid and should be accepted by the court as it is based on the incident that happened in November 2024.
The State prosecutor told the court although there were contradictions in the evidence in the witness statements, these were clarified when the witnesses took the stand.
The State added that the contradictions could be attributed to the lapse of time and memory loss, which may affect the witnesses’ presentation of facts in court.
The core of the State’s case relies heavily on the testimony of two witnesses and a medical report detailing the injuries Dlamini sustained when the accused allegedly hit him on the mouth with a torch in November 2024.
Also read: Ward 64 councillor back in court for assault
The prosecutor informed the court that the accused has never denied carrying a torch on the day of the incident.
According to the State, this suggests the possibility that the torch may have been used to assault the victim.
The State also responded to the discrepancies highlighted by the defence in the witness statements compiled by the police, stating that such statements are typically a condensed version of events and do not capture the full incident in detail.
The prosecution urged the court to dismiss the defence’s application. The mater was adjourned until August 11, for the court to deliver its judgement on the application.
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