Durban — A ballistic report on a 9mm pistol allegedly found in the possession of a Grade 12 pupil who is charged with the offence was still outstanding.
This outstanding report has been the reason for the case being adjourned on more than one occasion and on Tuesday in the Pinetown Magistrate’s Court legal aid representing the 19-year-old pupil objected to the matter being adjourned again for the outstanding report.
Sphamandla Msizi Magcaba,19, is charged with possession of a firearm without a licence. It was alleged that in January he was found with a 9mm pistol as well as one live ammunition in KwaNdengezi, west of Durban.
Magcaba, who was released on R3 000 bail during his application in January, indicated that his intended plea on both counts was that of not guilty.
He is a Grade 12 pupil at Fundinduku High School in Zwelibomvu.
“I object to any further postponements, the turnaround time for investigations is six months, this matter has gone beyond that,” said Magcaba’s defence attorney K S Nxele.
The State did not object to the defence making an application for a further postponement to be granted, but however pointed out that since April until now the lab in eManzimtoti was still closed and not operating.
“The State is willing to hold an enquiry into the matter when it comes to the delay where the investigating officer will take the stand.”
Acting Magistrate Mkhize agreed with Nxele regarding the turnaround time adding that Magcaba had made his first appearance in court on January 14, and that the matter was postponed a number of times for ballistics.
“There’s an understanding that there is a backlog at the lab. The accused should not be prejudiced. Your defence previously had not raised the matter making an application for the matter to be marked final for a postponement, had this been done the court would have been inclined to today’s objection say for one reason – you too have been at fault failing to appear in court and a warrant of arrest issued but this was cancelled.”
He said the fact that Magcaba was out on bail was mitigating to the State.
“You are prejudiced but unlike how you would have been if you were in custody.”
The matter was postponed to September.
Daily News