Tony Yengeni drunk driving case

Sneeky

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.
 
Yengeni’s defence accuses witness of falsifying evidence

CAPE TOWN – Drunk driving accused Tony Yengeni’s defence is trying to discredit a crucial state witness, accusing him of falsifying evidence.

The African National Congress (ANC) National Executive Committee (NEC) member is on trial in Cape Town on drunk driving charges following his arrest in Green Point three years ago.

The trial yesterday was in-part focused on the conduct of the arresting officer.


More at:http://ewn.co.za/2016/03/19/Yengenis-defence-accuses-witness-of-falsifying-evidence
 
Well I have already accepted nothing will happen here, as soon as questions arise the decisions made by these courts are pathetic. Oscar is a common example.
 
Yengeni's blood test results to remain as evidence in drunk driving case

Tammy Petersen, News24

Cape Town - An attempt to have the results of the blood alcohol test disallowed in the drunk and negligent driving case against ANC national executive committee member Tony Yengeni was on denied in the Cape Town Community Court on Monday.

Magistrate Grant Engel sided with prosecutor Leon Snyman, who argued that the sample was reliable after advocate Dirk Uijs, for Yengeni, questioned the calibration of the machine used and the sodium fluoride found in the vial.

Sodium fluoride is used to preserve the blood.

Reference was made to the 2012 drunk driving case of Jamie Ross, in which it was reportedly found in the Western Cape High Court that a certificate of the blood test result was not sufficient proof of the machine’s calibration and accuracy.

However, Engel, after listening to both parties, denied Uijs’s argument for Section 174 of the Criminal Procedure Act which states that once the prosecution has closed its case, and that it is believed that there is no evidence that the accused committed the crime, he would be found not guilty.

Yengeni was arrested in Green Point in August 2013 after officials allegedly noticed that he did not appear to have proper control of his Maserati.

According to the blood test results, he had a blood alcohol level of 0.25%, five times the legal limit of 0.05%.

The case was postponed to May 20.

News24
Source
http://www.news24.com/SouthAfrica/N...in-as-evidence-in-drunk-driving-case-20160404
 
3 years to get this far. Wonder how they gonna handle my e-toll case.
 
State prioritising Yengeni case peculiar, court hears

Tammy Petersen, News24

Cape Town - The priority the State was giving the Tony Yengeni drunken driving case was peculiar considering he was not a government official, the ANC national executive member’s lawyer said on Monday.

The investigating officer told the Cape Town Community Court that the senior prosecutor had flagged the case as a priority after Yengeni's arrest in Green Point, Cape Town, in August 2013.

Warrant Officer Jeremy Steyn testified that while he was usually assigned to serious cases such as murders and robberies, his detective head allocated the drunken driving case to him, saying he "wants it done".

Yengeni’s lawyer Dirk Uijs had asked him why an officer of his seniority would be handed such a case.

Prosecutor Leon Snyman countered there was no "outside influence" and that it was not strange for cases involving government officials to be given priority.

Uijs said Yengeni was not a government official, but a national executive member of a political party.

It took on average six to eight months for blood samples to be tested, but Yengeni's blood test results were ready within two weeks.

A letter by the senior prosecutor indicating that priority should be given to the matter accompanied the ANC bigwig’s blood sample to the laboratory.
Steyn was asked if it was unusual for the senior public prosecutor to consult with witnesses in such a case. Three Metro Police officers at the scene had been asked to make further statements. He said it had been the only case he had worked on where this was done.

Yengeni, who was out on R5000 bail, was arrested after being pulled over while allegedly driving his white Maserati erratically in 2013.

According to the blood test results, he had a blood-alcohol level of 0.25%, five times the legal limit of 0.05%.

In January, Metro Police member Sergeant Jonas Gomba told the court he called for back-up after four men tried to obstruct him during Yengeni's arrest. He told the court he was not allowed to handcuff Yengeni and was asked if he knew who his suspect was.

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

On Monday, Uijs tried to have the results of the blood alcohol test disallowed. Magistrate Grant Engel however sided with Snyman, who argued the sample was reliable.

Uijs questioned the calibration of the machine used and the sodium fluoride found in the vial. Sodium fluoride is used to preserve the blood.

Reference was made to the 2012 drunk driving case of Jamie Ross. The Western Cape High Court found that a certificate of the blood test result was not sufficient proof of the machine's calibration and accuracy.

The case was postponed to 20 May.


News24
Source
http://www.news24.com/SouthAfrica/News/state-prioritising-yengeni-case-peculiar-court-hears-20160404
 
'I took 3 sips of traditional beer the day of drunken driving arrest' - Yengeni

Cape Town – ANC national executive committee member Tony Yengeni said just three sips of traditional African beer passed his lips the day he was arrested on a charge of drunken driving in 2013.

He had been at a family gathering with a traditional ceremony in Gugulethu early in the afternoon and had nothing else to drink, he testified during his trial in the Cape Town Magistrate’s Court on Friday.

He said he had drunk umqombothi (home-brewed beer) many times before without incident, and it had a low alcohol content compared to spirits.

Yengeni, 61, was arrested in Green Point, Cape Town, after being pulled over while apparently driving his white Maserati erratically.

Prosecutor Leon Snyman probed him on how he drove that night, comparing his answers with what was seen in video footage.

At times, Yengeni, who described himself as a business consultant and not a government official, said he could not recall something or did not answer the question.

He said he had told his lawyers he felt the video had no relevance to his case.

Snyman said the video was an integral part of the case because it showed him almost hitting a curb and changing lanes in an intersection.

“A video doesn’t lie. It can’t be manipulated it is there. You said the video is wrong,” he said.

Yengeni replied, “I was driving normally as far as I am concerned… I watched the video and I can’t say I did anything wrong.”

Snyman said Yengeni’s car was out of the video screen “at a rate of knots” and made other cars look slow.

“A Maserati is a fast car,” Yengeni replied to chuckles in the court room.

The politician shared suspicions about his prosecution and the possibility of a conspiracy against him.

He said a a politician released a statement after his arrest, saying he should be prosecuted.

“To me that indicated there is a political element to the case,” he said.

“This politician made a comment about the case that is why I thought there was a conspiracy.”

The matter was postponed to June 7.

In a separate matter in 2007, Yengeni was found not guilty of drunk driving after he was arrested in Goodwood, Cape Town.

News24

Link:http://www.news24.com/SouthAfrica/N...ay-of-drunken-driving-arrest-yengeni-20160520
 
See, unfortunately for you Tony.. science doesn't lie like a politician. 3 sips of traditional beer could not have got you anywhere NEAR 0.25 blood alcohol level.
 
DA conspiracy against me, says Yengeni

Shortly after his arrest, he had read a newspaper report in which a DA councillor commented on his arrest, saying authorities had to do everything to ensure his prosecution.

“I took exception to that.”

He could not recall the precise comments and did not name the councillor.

Then, when the results of his blood alcohol tests were ready within two weeks, his suspicions were raised further.

More at:http://www.iol.co.za/news/crime-courts/da-conspiracy-against-me-says-yengeni-2024475
 
He could have not taken too much "exception" to that if he cannot even remember what was written, I hope that if some one writes something about me in a news paper I would remember who it was and what they said whiten 3 years and since he knew after two weeks that it was a positive result and his experience in drunk driving cases that he would at least note it
 
Cape Town - The priority the State was giving the Tony Yengeni drunken driving case was peculiar considering he was not a government official, the ANC national executive member’s lawyer said on Monday.

What priority, this case has been going on for years.
 
Yengeni insists he was not drunk

Cape Town – African National Congress (ANC) National Executive Committee member Tony Yengeni has told the Cape Town Magistrate’s Court that he was not drunk when he was arrested on August 11, 2013, in Greenpoint in Cape Town.

Yengeni told the court: “If I was five times over the legal limit, I would have caused a serious accident. I don’t agree with the state’s case that I was drunk.”
The ANC veteran believes the case against him is a political conspiracy engineered by the Democratic Alliance (DA).

During a heated cross examination on Tuesday, he was adamant that his case had been expedited because of who he was. His blood samples were analysed within two weeks of being taken, which was unusual as the forensic laboratory usually battled major backlogs.

“It means citizens are treated unequally. Why? I’m asking myself, why is it that my blood is so important it must jump the queue?” he asked.

But state prosecutor Leon Snyman argued there was nothing “weird about asking for someone’s blood to be expedited”.

More at:http://www.iol.co.za/news/crime-courts/yengeni-insists-he-was-not-drunk-2031613
 
During a heated cross examination on Tuesday, he was adamant that his case had been expedited because of who he was. His blood samples were analysed within two weeks of being taken, which was unusual as the forensic laboratory usually battled major backlogs.

“It means citizens are treated unequally. Why? I’m asking myself, why is it that my blood is so important it must jump the queue?” he asked.

Does he really think this a defence in a court of law?

1. Do the tests show that you were drunk?

Yes.

2. Were the tests valid?

Yes.

Guilty.

Now let's look at mitigating circumstances before sentencing.

Simple.
 
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