Cops botch prosecutor’s DUI caseComment on this story
Mbombela - A prosecutor accused of driving recklessly under the influence of alcohol was acquitted on Monday after a police officer failed to collect the evidence properly.
A Sapa correspondent reported that Joy Ndlovu pleaded not guilty to reckless driving when he appeared for trial in the Tonga Magistrate's Court in Mpumalanga.
The first witness, Constable Thobejane, of Schoemansdal police station, testified that he attended the accident scene around 5pm on June 25, 2011.
He said a Nissan Navara bakkie had collided with a tractor.
He said that when police attended the scene, Ndlovu was not co-operating with the police because he was drunk.
“Mr Ndlovu you were drunk because you were unable to speak when I interviewed you at the police station and on the scene,” he said.
Ndlovu denied being drunk and accused the officer of failing to do his job properly.
“You are an irresponsible police officer. You failed to do your job properly. Let me put it to you that your blood kit has expired, so in that way I cannot accept any results said in court about them,” said Ndlovu.
The second witness, who was driving the tractor, Mfanuzile Magagula, of Boschfontein, testified that he also noticed that Ndlovu was drunk because of the way he behaved.
“You were drunk because you also insulted police officers and I saw beer bottles and a glass inside your car after the accident,” he said.
Magagula could not say whether the beer bottles contained liquor or not.
Senior magistrate Sam Nkuna said he could not find Ndlovu guilty because police had bungled the case.
“Your testimony doesn't make me find this man guilty because you Thobejane used an expired blood kit to draw his blood and you Magagula were driving without having a driver's licence and you parked your broken tractor on the incoming lane and it didn't have lights,” said Nkuna, shaking his head.
“In future, Thobejane, you must learn to do your job correctly. After combining all your testimonies I find the accused not guilty and I therefore discharge him.”