INLSA
Jude Ward. Picture: Shan Pillay
Camperdown motorist Jude Ward, who alleges that she was assaulted by traffic officer Edward Mtshali in an incident on the N3 last year, was described on Tuesday as a “drama queen” by Mtshali’s advocate, Shane Mathews.
Mathews’s comment was made during his address to the magistrate at the Camperdown Magistrate’s Court in an application to have Mtshali discharged on the basis that Ward was a poor witness.
Mathews said that the only direct evidence against Mtshali was Ward’s, which was of very poor quality.
“No reasonable court could ever convict on the basis of such evidence. The exaggerated injuries that she claimed she suffered is proof that she was clearly not telling us the truth, and was somewhat of a drama queen in the witness box,” Mathews said.
The State opposed the application for a discharge and said that Mtshali did have a case to answer to.
“This woman (Ward) suffered injury and trauma. It cannot be said that there is no evidence against the accused,” the prosecutor said.
The State alleges that Mtshali assaulted Ward at Camperdown police station on January 18 last year.
The charge sheet reflects that Mtshali pushed Ward to the floor, put his knee on her back and hit her forehead on the tiled floor.
The assault allegedly took place after Mtshali pursued Ward along the N3 highway to the police station.
Mtshali, who has pleaded not guilty, laid counter-charges of failing to obey a traffic officer and inconsiderate driving against Ward, who was acquitted of all charges in February.
Ward is proceeding with a civil suit against the State.
In her testimony to the court, Ward, 54, said that after Mtshali had pursued her along the N3 in an “extreme” and “aggressive” manner, she had decided against stopping, and instead drove to the Camperdown police station for help. Mtshali followed her.
Ward said Mtshali had accosted her as soon as she stepped out of her car.
Ward said she was so afraid for her safety that she tried to call her husband.
Mtshali grabbed her by her shoulders and “in one swift combat move”, threw her to the floor and began throttling her.
Harding district surgeon Pieter Oosthuizen, who examined Ward after the alleged attack, testified yesterday that he noted bruising on her elbows and knees.
She also complained of head and neck pain; however, he failed to notice any bruising on her neck area.
Oosthuizen confirmed that Ward had suffered no lacerations or open wounds.
Judgment will be heard on December 13.
sherlissa.peters@inl.co.za
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