March 27 2012 at 08:35am
SABC
BLATANT: Video footage shows how journalist Chester Makana is hit on the head with a brick. Picture: SABC
MOLOKO MOLOTO
LIMPOPO police have kept from court video footage showing the alleged assault of freelance journalist Chester Makana by ANC Youth League official Clifford Mohloana.
This resulted in the court striking off the case from the roll because there was insufficient evidence to proceed.
Makana was hit in the head with a brick in December while investigating allegations that Mohloana and other ANC officials were duplicating tags for bogus voting delegates for the ANC’s provincial conference.
At the time, the ruling party’s elective conference was under way at the University of Limpopo.
At that meeting, Limpopo Premier Cassel Mathale controversially defeated Deputy Arts and Culture Minister Joe Phaahla for the position of ANC chairman.
The alleged assault of Makana was captured by an SABC tv news team and subsequently broadcast.
However, last Thursday, the Polokwane Magistrate’s Court struck the assault case against Mohloana off the roll for lack of evidence.
But The Star can reveal that even though the initial investigating officer, Warrant Officer J Letsoalo, had sourced the footage from the SABC, he did not present it to the prosecutor as part of the evidence.
Two sources, one at the SABC and the other in the SAPS, said the video had been given to Letsoalo on January 9.
Letsoalo also confirmed that he had received the video, but said he was later removed as investigating officer last month and replaced by a Warrant Officer Naudé.
Letsoalo would not provide reasons for his being taken off the case, nor would he say who had issued the instruction for his replacement.
Makana was not informed about the investigating officer’s replacement, and neither of the officers were present in court when the case was struck off the roll.
Naudé could not be reached for comment, but Letsoalo said he was surprised that the footage had not been presented to the prosecutor.
“The video is there. When it (the case) was withdrawn, I had already been removed,” he said.
Limpopo police spokesman Brigadier Hangwani Mulaudzi would not comment on the availability of the video footage but said the matter was being investigated.
“We have set up a task team to investigate if there had been negligence on the part of the investigating officer, and if there is any, the provincial commissioner, Simon Mpempe, would determine the action to be taken,” said Mulaudzi.
He added that if evidence was discovered, the police would ensure the case was reinstated.
Previously, Mohloana had applied for state legal assistance. Last Thursday, he was represented by celebrity lawyer Tumi Mokwena.
Mokwena has previously represented Julius Malema during his hate speech trial against civil rights organisation AfriForum.
a task team to investigate if there had been neg
ligence on the part of the investigating officer, and if there is any, the provincial commissioner, Simon Mpempe, would determine the action to be taken,” said Mulaudzi.
He added that if evidence was discovered, the police would ensure the case was reinstated.
Previously, Mohloana had applied for state legal assistance. Last Thursday, he was represented by celebrity lawyer Tumi Mokwena.
Mokwena has previously represented Julius Malema during his hate speech trial against civil rights organisation AfriForum.
http://www.iol.co.za/the-star/crucial-evidence-withheld-by-police-1.1264332
