Tony Yengeni drunk driving case

Time now for Shaun Abrahams to really earn his salary = Cover the arses of selected comrades.
Nomgcobo Jiba was only the first but the poison goes all the way to Showerhead783

The only thing that is up for discussion, as it was in the old days and I am sure it is here, is the 2 charges the state will/should bring against the person.
Driving over the legal limit and driving drunk. Excuse my laymans terms but that is what it amounts to.
One can, irrespective of the actual blood/alcohol limit argue against the more severe driving drunk charge, if you never fell out of the car and were completely incoherent at the time, evidence will be presented one way or another by both the state and the accused.

Driving over the legal limit is a lesser offence.

Most people would plead guilty to the above but deny the driving drunk charge unless a district surgeon had examined them and found them to be blotto, or if they were subjected to various sobriety tests.

It is quite easy to be over the limit, even 5 times and still, at the time of your arrest, have your faculties about you and as such not be declared drunk.


All of the above is done in court, in front of the magistrate, not behind closed frikkin doors trying to leverage your so called political muscle.

Clearly, 2 legal systems at play here.
 
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Yengeni 'disappointed' as drunken driving trial goes ahead

Jenna Etheridge, News24

Cape Town – ANC National Executive Committee member Tony Yengeni's negotiations regarding his drunken driving charge have failed, the Cape Town Magistrate’s Court heard on Friday.

His lawyer Sylvester Vogel confirmed that their representations to the National Director of Public Prosecutions, regarding a possible plea agreement, were unsuccessful.

“We are ready to proceed and arrange a trial date,” he told Magistrate Nasha Banwari.

Yengeni, in a dark suit and white tie, left court quickly.

Outside court, Vogel said: “To some extent, he feels disappointed, but then we must proceed in a positive manner towards the trial.”

The trial was set down for November 27.

Yengeni lives in Johannesburg and is out on bail.

It has been two years since he was arrested in Green Point, Cape Town, after officials allegedly noticed that he did not appear to have proper control of his Maserati.

As an alternative to the drunken driving charge, Yengeni allegedly drove with a blood-alcohol level of 0.25%, five times the legal limit of 0.05%.

When the national director of public prosecutions (NDPP) decided in April to go ahead with the charges against him, the defence pursued the route of plea negotiations.

News24
Source
http://www.news24.com/SouthAfrica/N...-as-drunken-driving-trial-goes-ahead-20150925
 
Thanks for the update schumi. It is a miserable fact that justice takes so long to be effected. Facts become hazy over time and eye-witnesses lose interest. And in the meantime, an alleged criminal is allowed to carry on driving? Eish!

Here's hoping the trial is swift and if guilty, appropriate justice is metered out.
 
Yengeni pleads in drunk driving case

Cape Town - African National Congress veteran Tony Yengeni on Friday pleaded not guilty to drunk driving and reckless driving charges in the Cape Town Magistrate’s court.

Yengeni, dressed in a beige suit, stood in the dock listening intently as the two charges and alternative counts of “inconsiderate driving” and having “an excessive amount of alcohol in his blood” was put to him by the magistrate.

He told the court he understood the charges and wished to plead not guilty.

More at: http://www.iol.co.za/news/crime-courts/yengeni-pleads-in-drunk-driving-case-1.1951750#.VlgiaeIghhE
 
Yengeni’s advocate, Dirk Uys, said Yengeni would not immediately disclose the nature of his defence, but indicated: “The blood sample taken from the accused, we will allege was taken in contravention of his constitutional rights to privacy.”

lol
 
Metro cop testifies on Yengeni’s arrest

Cape Town - ANC veteran Tony Yengeni smelled of alcohol, his eyes were bloodshot, and he was unsteady on his feet when he was arrested on suspicion of drunk driving, a metro police officer testified in the Cape Town Magistrate’s Court on Friday.

Metro constable Kurt Buckton told the court he and his partner were called to the corner of Dixon and Somerset roads on the night of August 11, 2013, by a sergeant who had reported he needed assistance.

“Apparently before we arrived the accused was rather riotous with sergeant Gumba,” Buckson told the court.

He said Yengeni displayed various signs of drunk driving.

“He was not literally falling around but he could not stand still on one spot,” Buckson said.

Buckson said he noticed the animosity between Yengeni and Gumba and intervened to administer the breathalyser test.

“After speaking to him and informing him the reason for the breathalyser, he agreed and he tested positive for alcohol.”

The reading on the breathalyser test was 0,69 mg per 1 000ml, Buckson testified. This was higher than the legal limit of 0,24 mg per 1 000ml.

More at: http://www.iol.co.za/news/politics/metro-cop-testifies-on-yengeni-s-arrest-1.1951910#.VlhY8uIghhE
 
Yengeni defence hints at conspiracy

Cape Town - ANC heavyweight Tony Yengeni’s legal team put the testimony of two metro police officers under the microscope in the Cape Town Magistrate’s Court on Friday, hinting at a possible conspiracy against the politician following his arrest on drunk driving charges.

The two metro police officers, constables Kurt Buckton and Bradley Adams, testified how they were called to the scene to assist the arresting officer, another metro police sergeant, who had claimed that Yengeni had acted in a “rather riotous” manner.

Buckton testified that Yengeni reeked of alcohol, his eyes were bloodshot, and he was unsteady on his feet.

Adams noticed two of the signs that indicate possible intoxication, but said Yengeni was not unsteady on his feet.

Yengeni’s advocate Dirk Uys intimated that Adams’ testimony could mean Yengeni was possibly not intoxicated.

But Adams said in his experience some people could be standing upright and still have a blood alcohol le

vel above the legal limit.

The fact that both men were asked to submit supplementary statements to the SA Police Service investigating officer assigned to the case almost 10 months after the incident also raised suspicion, with Uys asking both men if they were telling the truth, or if they had been pressured to lie about what they observed on the night in question.

Both constables denied they had been untruthful, or that they had been pressured to make false statements regarding Yengeni’s arrest.

More at:http://www.iol.co.za/news/crime-courts/yengeni-defence-hints-at-conspiracy-1.1951964#.Vli07-IghhE
 
'Tony Yengeni was three times over limit'

CAPE TOWN - The arresting officer in the drunk-driving trial of African National Congress (ANC) national executive committee member Tony Yengeni has testified how he tested three times over the limit when he was pulled over.

Yengeni’s drunk driving trial resumed in the Cape Town Magistrates Court today.

A previous attempt to negotiate a plea agreement was unsuccessful.

Metro Police sergeant Jonas Gomba told the court he noticed a white Maserati driving erratically near Green Point in August 2013.

More at:http://ewn.co.za/2015/12/11/Court-hears-Tony-Yengeni-was-three-times-over-limit
 
'Tony Yengeni was three times over limit'

CAPE TOWN - The arresting officer in the drunk-driving trial of African National Congress (ANC) national executive committee member Tony Yengeni has testified how he tested three times over the limit when he was pulled over.

Yengeni’s drunk driving trial resumed in the Cape Town Magistrates Court today.

A previous attempt to negotiate a plea agreement was unsuccessful.

More at:http://ewn.co.za/2015/12/11/Court-hears-Tony-Yengeni-was-three-times-over-limit
 
Yengeni’s lawyer questions arrest delay

Cape Town - A Maserati driver’s disregard for traffic laws caught the attention of a Metro Police officer who gave chase, only to discover that the driver was ANC veteran Tony Yengeni.

Sergeant Jonas Gomba was giving evidence in Yengeni’s drunk driving trial in the Cape Town Magistrate’s Court on Friday.

Gomba, an officer with 14 years’ experience, said he had been driving down Buitengracht in the city centre when he noticed the Maserati nearly hit a kerb close to the Cape Town International Convention Centre.

At first Gomba ignored this, but when the driver crossed a solid line at a red traffic light at the next intersection, he decided to pull him over.

Gomba said he waited for the traffic light to turn green, but the Maserati set off at high speed, crossed several lanes before turning into Somerset Road, heading for Green Point, where he pulled him over.

Gomba recognised the politician who,

he said, reeked of alcohol and was rude and unco-operative. This prompted Gomba to call on City of Cape Town camera control room staff to ensure the cameras were focused on them. He also called for back-up.

On Friday Dirk Uijs SC, for Yengeni, questioned Gomba’s conduct that night after viewing video footage of Yengeni driving down Buitengracht.

Uijs asked why Gomba had not pulled Yengeni off the road sooner and how he could have seen that Yengeni had nearly hit a kerb.

More at:http://sbeta.iol.co.za/news/crime-courts/yengenis-lawyer-questions-arrest-delay-1959428
 
Men in black interfered in Yengeni arrest, court told

Tammy Petersen, News24

Cape Town - Four men dressed in black tried to interfere in the arrest of ANC national executive committee member Tony Yengeni on suspicion of drunk driving, the Cape Town Magistrate's Court heard on Monday.

Sergeant Jonas Gomba, who took Yengeni into custody in 2013, said he called for back-up after the men tried to obstruct him during Yengeni’s arrest.

"They arrived at the scene and told me I am not allowed to handcuff him, asking if I know who this man was. One of them approached me in a threatening way," Gomba said.

According to the officer, Yengeni was being "riotous", and swore and pointed his finger at him after he was pulled over after nearly hitting a curb in the Cape Town CBD while driving a white Maserati.

He apparently refused to take a breathalyser test.

Advocate Dirk Uijs, for Yengeni, said his client refused as the kit had not been sealed.

Gomba said, while he drove Yengeni to have him charged, the politician expressed regret for his behaviour.

"I didn’t charge him for negligent and reckless driving because he apologised and then co-operated," Gomba said.

Uijs told Gomba he was selective in the execution of his duties. Gomba countered that he used such incidents to educate transgressors.

Uijs accused the officer of manufacturing details of the incident in his pocket book. This was based on a comparison of the entry in the pocket book with the statement Gomba gave to police.

Officers use the book to record details of incidents in case they have to testify in court.

Uijs said most of the entries in the book were relatively short, but the one for Yengeni was unusually long. Gomba denied forging his records and said he made a longer account as the incident was important.

Dressed in a trendy navy blue suit, Yengeni, 61, appeared calm in the dock.

He is currently out on R500 bail.

News24
Source
http://www.news24.com/SouthAfrica/News/men-in-black-interfered-in-yengeni-arrest-court-told-20160118
 
Yengeni trial postponed to February

Cape Town - The drink driving trial against African National Congress NEC member Tony Yengeni has been postponed until February 10.

Earlier on Monday, a City of Cape Town metro police officer endured a gruelling cross examination in the Cape Town Magistrate’s Court by top advocate Dirk Uijs SC.

Sergeant Jonas Gumba, the third witness to take the stand since the start of the trial, repeatedly wiped the sweat off his brow as he tried to respond to Uijs’s combative questioning.

Gumba was the officer who pulled the senior ANC member over for alleged drunk driving in Cape Town’s CBD on August 11, 2013.

Yengeni was allegedly found to have a blood alcohol of five times the legal limit.

Much of Monday’s testimony focused on a pocket book in which Gumba had written.

Uijs questioned its authenticity” and pointed out that Gumba’s entry in the pocket book was far lengthier than his actual police statement.

“I have added up the words - there are just over four hundred words in the first statement, yet more than 530 words in the pocketbook entry. You would never have manufactured a pocket entry would you? I am going to argue at the end of the day that this is a copy of a manufactured pocket book entry after your evidence in chief,” Uijs said.


More at:http://www.iol.co.za/news/crime-courts/yengeni-trial-postponed-to-february-1972560
 
Tony Yengeni's drunk driving trial postponed

Jenna Etheridge, News24

Cape Town – ANC national executive committee member Tony Yengeni will have to wait until Friday for his drunk driving trial to continue in the Cape Town Magistrate's Court.

He was to have appeared on Wednesday, but his lawyer, Advocate Dirk Uijs, was unable to make it and the case was postponed.

Yengeni was arrested in Green Point, Cape Town, after being pulled over while driving his white Maserati erratically in 2013.

Yengeni allegedly drove with a blood-alcohol level of 0.25%, five times the legal limit of 0.05%. He is out on R500 bail.

Last month, Sergeant Jonas Gomba, who took Yengeni into custody in 2013, told the court he had called for back-up after four men tried to obstruct him during Yengeni's arrest.

"They arrived at the scene and told me I am not allowed to handcuff him, asking if I know who this man was. One of them approached me in a threatening way," Gomba testified.

He said Yengeni was being "riotous", and swore and pointed his finger at him after he was pulled over after nearly hitting a curb. He apparently refused to take a breathalyser test.

Uijs said his client refused as the kit had not been sealed.

Gomba said Yengeni had expressed regret for his behaviour.

News24
Source
http://www.news24.com/SouthAfrica/News/tony-yengenis-drunk-driving-trial-postponed-20160210
 
Yengeni drunk driving arrest details not tampered with, court hears

Jenna Etheridge, News24

Cape Town – It was not possible for an officer to falsify details of the arrest of ANC national executive committee member Tony Yengeni, the Cape Town Magistrate's Court heard on Friday.

Sergeant Jonas Gomba testified last month about taking Yengeni into custody for drunk driving in 2013.

Advocate Dirk Uijs, for Yengeni, then accused Gomba of manufacturing details of the incident in his pocket book.

Officers use the book to record details of incidents in case they have to testify in court.

The State called two witnesses on Friday in an attempt to lay this accusation to rest.

Warrant Officer Melvin Loggenstein testified that he gave Gomba the pocket book in question and put a date stamp and signature on it.

When the 77 pages were full, Gomba had to hand it back in to get a new one.

Asked if details in this book could have been falsified, he replied: "That is not possible."

Prosecutor Leon Snyman then called Metro Police Superintendent Jean Hesqua to the stand.

"Do you know of any influence that is placed upon any witnesses in this matter to incriminate Yengeni?" he asked.

"No," she replied.

Uijs said he would cross-examine these witnesses at a later stage.

News24
Source
http://www.news24.com/SouthAfrica/N...etails-not-tampered-with-court-hears-20160212
 
Yengeni's blood alcohol test challenged in court

Jenna Etheridge, News24

Cape Town – The legal team for ANC national executive committee member Tony Yengen is challenging the admissibility of his blood alcohol results from his arrest for drunk driving in 2013.

Prosecutor Leon Snyman on Friday argued that the Cape Town Magistrate's Court should provisionally accept the blood analysis documentation.

"What is there is sufficient to be ruled prima facie at this stage," he told Magistrate Grant Engel.

He referred to case law to support his argument.

Advocate Dirk Uijs, for Yengeni, said the State could hand the results to the court if it wished.

"However I don't need to concede that this statement contains sufficient evidence to convict the accused on any matter… I am not conceding as to the weight of the evidence."

Engel gave both parties time to prepare argument on the matter.

Yengeni is due back in court next month.

News24
Source
http://www.news24.com/SouthAfrica/News/yengenis-blood-alcohol-test-challenged-in-court-20160212
 
In my misspent youth after being stopped at a routine roadblock early one morning, my conviction took all of 5 minutes.
Walked in, admitted to driving over the limit, not drunk driving.
Took my medicine and got a fat fine, but left with my integrity.
 
In my misspent youth after being stopped at a routine roadblock early one morning, my conviction took all of 5 minutes.
Walked in, admitted to driving over the limit, not drunk driving.
Took my medicine and got a fat fine, but left with my integrity.

Ahhh but you see, you aren't above the law...

Plus a drunk driving conviction wouldn't get you taken off the gravy train since you aren't on it.
 
Lol, true, but it in reality would it really get him off the gravy train? Jackson is still around at the trough.
 
So all one has to do is apologise for negligent driving charges to be dropped?
 
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