CAPE TOWN - A convicted and sentenced Wynberg shoplifter will return to court to ensure the correct questions are asked, so as to not compromise his rights and that “gaps” in the line of questioning are filled.
This comes after the matter was automatically reviewed by high court acting judge Constance Nziweni, who also set aside the sentence of one year’s imprisonment.
Salamdin Mohadin, who pleaded guilty to the charge of theft, had stolen various items from a chain store in Maynard Mall, Wynberg, in July last year, and during court proceedings admitted to having stolen shopping bags, 500ml shower gel, a cake, 2kg sugar, fabric conditioner and cheese.
According to Judge Nziweni, there was a gap in the line of questioning by the magistrate in the lower court, saying she was “left with an impression that there was a lacuna (gap) in the plea”, and questioned the magistrate as “the facts surrounding the commission of the offence are not set out clearly”.
“As a result, important questions remain unanswered because crucial information was not brought to light.”
“I get the distinct impression that the accused only made a series of admissions without setting out any additional facts to support the admissions. Consequently, the answers proffered by the accused do not exclude every imaginable defence.
“Without doubt, when an accused person tells how the events unfolded, it is not sufficient to state that: ’I went to Shoprite and I did not have any money to pay for these items, and I took these things with no permission’. Manifestly, when the accused was asked by the court to relate what happened in the shop, he gave a very terse response which did not reveal any details. Even though the accused made critical admissions, but clearly there are certain facts upon which he admitted the guilt, which are lacking,” said Judge Nziweni.
Important questions which remain to be asked, according to Judge Nziweni, include where in the shop the accused took the items from; after he took the items, what he did with them? What made him unsuccessful with his intended criminal act? How was he arrested, and where was he found with the items?
The lower court magistrate was also asked to consider the fact that the shoplifter had already partly served a prison term when imposing a new sentence.
The matter was referred back to the lower court magistrate for proper questioning of the accused.
Cape Times