Crucial
evidence withheld by police
March 27 2012 at 08:35am
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case) was withdrawn, I had already been removed,” he said.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.
