Advice Needed

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Toyerk

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Hi there

I am a long time lurker on this site and not very talkative so I just tend to read topics and not participate. I noticed that there is lots of intellectuals here and therefore need advice for a legal matter.

I got arrested on Monday for common assault and pleaded not guilty to the charge on Tuesday.

Background as to how the arrest came about.

I live with my in-laws as I am currently unemployed.
My in-laws have a few tenants living at the back of the property.
They have had problems with one family for the past 8 months and trying to get them to leave, please not there is no rental agreement for this family.

Last Friday my wife and mother-in-law got into a dispute with the head of the above mentioned family. I was watching the cricket when I heard my wife shouting my name. I went outside and saw the man shouting and yelling at my wife and in-laws. I went there to break-up a possible physical confrontation as I felt my wife and her mother was in danger. I pushed the guy out of their personal space and told him that we should resolve this issue at the police station.

I went back to my room to watch the cricket, about an hour later I heard that I need to go to the police station.
The tenant wanted to open a case of assault against me.
The cop asked if I hit the guy and I said no, I just pushed him to protect my family.
The cop then suggested we have cool down period over the weekend and come see the Captain of the station Monday morning at 8am.

I arrived at the station on Monday morning before 8am and waited till about 8:30 only to be told that the Captain would be there at 11am. I arrived back at the station at 11am and spoke to the captain and he said there is nothing he could do as there was no case opened.
The tenant was also asked to be there at 8 but was a no show.

At 2pm on Monday the cops showed up to arrest me as the tenant had opened a case against me for assault and had received a doctors examination note indicating his bruises he had sustained. They took me to the station, finger printed me and asked who I'd like to make a statement to? Them, a lawyer or the court, note this is the very first time I have been in this situation so I just said I did not hit the guy all I did was push him out of the way, they said I touched him and that is common assault but they will let me go on free bail so I have an extra night to sleep at home and I should be at court the next day at 8:30am.
They also said if I speak to the tenant it will count as intimidation so I never went near the tenant.

On Tuesday morning at the court the arresting officer brought the docket to me and said I would need to pay a fine, I said I did not hit the guy, so the cop said but you touched him. He just said just pay the fine and walked away. I waited for my case to be heard, when they called my name I went to the dock, the judge explained that I could get a lawyer or the state could supply one. I asked for a state appointed lawyer as I am unemployed. She motioned to a lady and the lady came to me and asked how I pleaded, I said not guilty.
She told the judge this and said the case would be postponed to the 27th Jan for an investigation to take place and that I could leave.
I was just happy to leave, however I have not heard from the state appointed lawyer as yet.

So, I need advice as to what steps I should take next.
I have witnesses (the other tenants) who witnessed the argument and said that I never hit the guy.
On Friday when we were at the police station his shirt was torn, according to a shopkeeper at the front of the in-laws premises, this guy tore his shirt when walking to to the police station, he told the cops I tore his shirt.
Also note this is not a South African family but a Ugandan one.

I am currently so nervously wrecked and thoughts of jail time keep creeping up.

Please anyone offer me advice either via pm or on this thread, I am desperate.

Regards

Toyer
 
The case will get postponed again, so you have a lot of time. I would be surprised if anything happened before march.
I would ask everyone involved to get affidavits now for you, whilst things are fresh in their minds.
this includes the shopkeeper and anyone else you can think of.

Contact the court appointed lawyer with the affidavits (give certified copies, keep originals).
 
Thank you for the reply syntax, it is appreciated.
I will ask the witnesses to draw up affidavits.

Once again thanks
 
Good luck Toyerk and congratulations on defending your wife and mother-in-law without getting into a brawl.

i hope you can get rid of those tenants.
 
Toyerk said:
Last Friday my wife and mother-in-law got into a dispute with the head of the above mentioned family. I was watching the cricket when I heard my wife shouting my name. I went outside and saw the man shouting and yelling at my wife and in-laws. I went there to break-up a possible physical confrontation as I felt my wife and her mother was in danger. I pushed the guy out of their personal space and told him that we should resolve this issue at the police station.
Click to expand...

What was he shouting about? Hopefully he made a threat.

Off topic, but why have you never reported them for tresspassing if they are refusing to leave? Unless they have been paying rent?
 
AdrianH said:
.... Unless they have been paying rent?
Click to expand...
They have a verbal agreement but they are currently 3 months in arrears.

While you're at court get an eviction order
Click to expand...
We have been trying to get one since Monday and been pushed from pillar to post. Today the court told us to get a letter from a lawyer and serve it to them in the presence of the police.
I went to the police station today to find out his surname as all we had was his first name. The name we have been calling him is not his real name either. He had his real name on the docket for the case against me. Was surprised that my arresting officers gave me his name.
The reason we were at court today is because he went to complain that we cut off his electricity. They told him there is nothing they could do because there was no rental agreement and he still has to pay rent while we working on the eviction notice. The lawyers told us it takes 3 weeks to process.

get those people out BEFORE squatters rights kick in...
Click to expand...
That is what we have been trying to do since September, hopefully this saga will end soon.

Once again thanks for the replies.
 
Some Feedback:
My court appearance was today, initially my case was sent for investigation where the case was opened against me. Once the investigation is completed the case file should go to the court.
At the time of my court appearance the case file was still not received by the court.
The case has now been postponed to Friday the 30th. This is a final postponement, if the file is not there on Friday the cast will most probably be struck from the role.
So I am crossing fingers and toes that the file does not make an appearance on Friday.
The complainant was not in court either today.

Feeling inwardly optimistic about this.

Thanks for the advice received :)
 
JeremyAwesome said:
Hi Toyerk
Would dig to get an update on everything.
How did it all go?
Click to expand...

Probably nothing. Petty cases like this are not serious and the police usually use these files to prop up tables and clean coffee spills. Unlikely that docket will ever see the light of day.
 
The case was probably thrown out due to the tenant not showing up. Sounds like a bit of a coward to me.
 
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