Gun negligence case should be struck

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Published Jul 3, 2014

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Johannesburg - The case of a man who accidentally shot and wounded his son at a hunting expo should be struck from the court roll, the Alexandra Magistrate's Court heard on Thursday.

Lee Binneman, for Sean Kotzin, argued his client had the right to a fair and speedy trial.

“We submit that the case be struck from the court roll.”

He argued the case was previously postponed finally for Thursday.

Kotzin ran his own business and the time spent in coming to court interfered with his ability to provide for his family.

Kotzin, who appeared in the dock wearing a black fleece jacket over a yellow checked shirt, has been charged with negligent use of a firearm.

His son was critically wounded at HuntEx, at Gallagher Estate on Monday, April 28, when they went into a toilet cubicle and Kotzin's gun went off. The boy, who was seven-years-old at the time, was shot in the chest.

Kotzin was arrested on April 30 and released on R2000 bail at his first court appearance.

On Thursday prosecutor Ayanda Bakana told the court the ballistics report was complete but protocol demanded the investigating officer collect it from the ballistics laboratory in Pretoria.

“But the investigating officer's phone has just been ringing and he has not answered,” Bakana said.

Magistrate Deon Schnetler postponed the case until July 17.

Binneman told the court: “In the event that we come back and the State still is not ready, we will insist the matter then be struck”.

In May, HuntEx said the child, who has since turned eight, was recovering well.

“The family told us the boy was doing well and sent us a photograph,” organiser Adriaan Woudstra said at the time. - Sapa

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