Article: Robbers released by mistake

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nivek

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http://www.iol.co.za/news/crime-courts/court-error-sets-ak-gang-free-1.1546293#.UeERjkE3A74


Pretoria - A Pretoria North prosecutor “misunderstood an Afrikaans instruction” leading to withdrawal of armed robbery charges against two men who allegedly attacked a Montana family with AK47s.

Fanie Venter and two of his son’s friends, Tiaan Strydom, 27, and Jeandre Visagie, 20, were due to testify in the Pretoria North Regional Court on Thursday when they were told by the prosecutor “she had bad news”. They were told the two alleged robbers they had identified in May 2011, three months after the robbery, had been released and all charges against them withdrawn – by accident.

The prosecutor said she had misunderstood an instruction from the control prosecutor to withdraw charges in an unrelated case.

“I cannot understand how this is possible. How do you withdraw an ongoing case without any reason?” Venter asked.

Following an identity parade, Solly Mohlahlo and Morekgomo Stanley Phaahla were denied bail because both have prior convictions, including murder and hijacking. They had been awaiting-trial prisoners since their arrest in 2011.

“Two hardened criminals are now on free foot because of a mistake by so-called professional people. The justice system has let us down. They can come back for us at any time,” Venter said, adding his family had been traumatised and now live in fear of another attack.

But National Prosecuting Authority spokesman Medupe Simasiku said it was an honest mistake.

“The instruction was given to the prosecutor in Afrikaans, which is not her home language, and a mistake like that does not warrant disciplinary action,” he said.

Simasiku could not say whether the charges would be reinstated.

Pretoria North acting chief magistrate Tsopane Monyemangene said the matter had been brought to his attention but he could not comment without a thorough investigation.

Venter said his gardener of 16 years, known as Wynand, allegedly organised the robbery and the two accused were related to him. This came from a confession by Wynand’s wife when he became seriously ill. He has since died.

Venter said he has several businesses in the city and a few of his sons’ friends helped out at the businesses. On the evening of the robbery, five friends and Wynand had just arrived at his Montana home where they would deliver the day’s takings.

Venter, his wife Mariè and two children had been inside the house when one of the friends, Strydom, ran in saying they had just been robbed.

Strydom previously said they were making their way into the yard when a VW Golf GTI parked behind them.

“Four men armed with AK47s and handguns jumped out and forced some of us to the ground.

“I remained standing and they demanded the bag with money.

“I gave it to them and pleaded with them not to hurt us.

“One shoved an AK47 under my chin and demanded a second bag of money. I told him there was only one.

Strydom said he was instructed by the robber to look him in the eye and to stop f***ing around.

“The others on the ground were also told to look at the robbers. They wanted to see our fear,” he said.

It only later made sense that Wynand had been the only person not to have been threatened by the robbers.

Following the arrest of the two, Wynand disappeared.

Police spokesman Captain Jan Sepato said the investigating officer in the case will issue Mohlahlo and Phaahla with summonses to appear in court.

“We cannot issue warrants for their arrest as they did not escape and were released by officials.

“The summons will be delivered as soon as possible,” he said.

Sepato said he could not comment on the whereabouts of Mohlahlo and Phaahla because the investigating officer had to first visit their addresses.

Pretoria News
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Honest mistake I'm sure... still should never bloody have happened.

Now a families life is monumentally in danger because they've let the perpetrators free.
 
Two men accused of being part of a gang of robbers were mistakenly released after a miscommunication in the National Prosecuting Authority's (NPA) office, The Saturday Star reported.

The newspaper reported that a prosecutor misunderstood an instruction from a control prosecutor that led her to withdraw charges against Solly Mahlahlo and Morekgomo Stanley Phaahla.
 
Oh FFS this happens too often and probably due to corrupt officials and not by mistake! !
 
Makes you wonder what the instructions were that she managed to misinterpret them. :rolleyes:
 
Why the hell were instructions given in Afrikaans to begin with and why didn't the prosecutor clarify such an instruction?

Stupidity and incompetence all around...
 
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I don't see it as a problem beyond the need to take up police time. Mistakes do happen but the SPP involved should ensure that the cops immediately serve the summons on their address and locate them before providing additional protection for witnesses. The guys are bound to get themselves arrested in short order.
 
Paul Hjul said:
I don't see it as a problem beyond the need to take up police time. Mistakes do happen but the SPP involved should ensure that the cops immediately serve the summons on their address and locate them before providing additional protection for witnesses. The guys are bound to get themselves arrested in short order.
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Maybe they kill some people while they are out, I don't see a problem with that either.

"Simasiku could not say whether the charges would be reinstated."
 
Provided that it is an honest mistake and the SPP or CP did not intentionally give confusing instructions such that the prosecutor would stuff up and they'd be able to conveniently put blame on a junior official for what otherwise smells like malfeance, the fact that the prosecutor released the accused does not terminate the police investigation and that is my point. If the investigating officer makes a point of serving summons to appear immediately and on the basis of a threat assessment visipol guards the witnesses within two days the guys will end up in arrested guaranteed.
 
I smell a rat. This was IMHO deliberate. This country and the Zombies in public office are a disgrace to human kind. We will definitely end up like Zim with the ANC criminals in power.
 
DJ... said:
Why the hell were instructions given in Afrikaans to begin with and why didn't the prosecutor clarify such an instruction?

Stupidity and incompetence all around...
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Exactly
Wonder which high ranking NPA official this prosecutor is related to
It wasnt her brains that got her the job
 
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Shame. Poor Prosecutor.

If you knew the shocking working conditions and byzantine bureaucratic inefficiency that Prosecutors have to deal with you'd have greater understanding of how admin foul-ups happen. Hopefully the Accused will be behind bars for their day in court.
 
Mila said:
What was the instruction?
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In South Africa one has to at least understand Afrikaans. It is by far the most widespread written language. The ANC is confusing everybody with their Afroenglish. And yes, "Affirmative Action" has hit the justice department too.As for what the misunderstanding was? I doubt you'll ever find out. It is too embarrassing, politically incorrect and racist, to divulge such a secret. WTF
 
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I don't understand how this is even remotely possible. How, if you don't understand the instructions given to you in a language that you either don't speak or are not comfortable speaking, do you not GET CLARIFICATION?

Incompetency runs rife.
 
Paul Hjul said:
Provided that it is an honest mistake and the SPP or CP did not intentionally give confusing instructions such that the prosecutor would stuff up and they'd be able to conveniently put blame on a junior official for what otherwise smells like malfeance, the fact that the prosecutor released the accused does not terminate the police investigation and that is my point. If the investigating officer makes a point of serving summons to appear immediately and on the basis of a threat assessment visipol guards the witnesses within two days the guys will end up in arrested guaranteed.
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It's not an honest mistake. It is sheer incompetence and whoever appointed the 'prosecutor' should be fired too. Probably a job for a blowjob.
 
Arthur said:
Shame. Poor Prosecutor.

If you knew the shocking working conditions and byzantine bureaucratic inefficiency that Prosecutors have to deal with you'd have greater understanding of how admin foul-ups happen. Hopefully the Accused will be behind bars for their day in court.
Click to expand...

No pity whatsoever. There are plenty of people looking for opportunities there. And unfortunately this is one of those areas where affirmative action rules.
 
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