Johannesburg - The case against a motorist accused of attacking another driver with an axe during a road rage incident has been struck off the roll.
The case was fraught with problems that included the docket going missing just as the matter was supposed to go to court.
When the docket was found, some of the statements that were inside were found to be missing.
Nicholas Gale was facing charges of assault with intent to do grievous bodily harm and malicious damage to property in the Randburg Magistrate’s Court in connection with the incident on November 8 last year on Malibongwe Drive in Randburg.
Gale’s lawyer did not want another postponement as he believed the delays would prejudice his client and requested that the matter be struck off the roll.
The request was granted.
Spokesman for the provincial police Major Mack Mngomezulu confirmed that when the matter was in court the last time on February 27, a decision was taken to strike it off the roll because some statements had gone missing. New statements would have to be taken, he said.
According to a senior public prosecutor at one of the courts in Joburg, striking a case off the roll is not a pronouncement on the merit of the case. It does not mean there has been a finding on the guilt or innocence of the victim, he explained.
“It just means that the prosecution is not ready to proceed with the case due to some reasons, and the court can’t keep on postponing the matter.
“Once the circumstances that led to the striking of the case off the roll have been addressed, it will be placed back on the roll,” he pointed out.
*Mandla, who was injured in the attack, said he was disappointed at how his case has been handled. The 30-year-old man got into an altercation with Gale while driving. Mandla said he ignored Gale, who was swearing at him, and kept driving.
However, as he stopped at a traffic light, Gale approached and started attacking him with an axe, he said.
Two Netcare 911 paramedics later arrived at the scene, ignored the bleeding Mandla and attended to Gale, who was unhurt.
The paramedics got upset and left the scene when bystanders told them to assist the injured Mandla. They later told their superiors that they had left without assisting Mandla because the bystanders had threatened to kill them.
However, a video surfaced that appeared to show the contrary of what they had told their bosses. They were later suspended.
Netcare 911’s chief operating officer Craig Grindell said they had since discontinued the services of one of the paramedics as she had been a temporary worker.
Grindell said they had instituted a disciplinary inquiry against the other paramedic, who is permanently employed, in line with company policy and procedures.
“This inquiry was independently chaired and appropriate action was taken by Netcare 911 based on the chairperson’s findings. As this is an employer-employee-related matter, we are not in a position to disclose any further details with regard to the actions taken,” he said.
Gale was arrested and later released on bail.
Mandla said he was subpoenaed to appear in court and told there might be mediation.
However, the matter was then postponed without anyone saying anything to him, he added.
On the next court date, February 20, Mandla said the matter had to be postponed after the docket could not be found.
“They said they could not locate it. Only when I threatened to go to the media did they say they had found it,” he said.
Six days later, he said, he received an SMS from the investigating officer informing him that he had resigned from the SAPS and that Mandla would have to be assigned a new investigating officer.
The following day, the matter was struck off the roll.
Mngomezulu confirmed that the officer had resigned and that a new one would have to be appointed.
The Star