Africa-Press – South-Africa. A man who was accused of attacking two homeless people in Tshwane was acquitted after a key State witness could not be traced.
Manusi Mothupi, who appeared in the Pretoria Magistrate’s Court on Monday, was charged with two counts of attempted murder for allegedly attacking two sleeping homeless men in Magnolia Park in Bailey’s Muckleneuk, Pretoria, between February and May 2019.
Mothupi pleaded not guilty.
In June of the same year, five homeless men were killed in the area. However, Mothupi was never charged for those.
Pretoria homeless killings: Still no concrete evidence more than a year after bodies were found
State closes its case
When the case finally went to trial in 2022, the State led the evidence of its first witness, Fortune Sibanda.
Sibanda, a car guard and waste recycler, testified that he was attacked in the park in the early hours of 7 May 2019. He testified that he was stabbed three times in his left arm, twice in his abdomen, and twice in his left knee.
“I woke up after being stabbed and saw a person standing over me, wearing a black cap and a jersey, with a hoodie,” Sibanda told the court.
Tshwane homeless attacks: Victim says he can’t identify accused as man who stabbed him
“I asked “what you are doing’, but he never responded.” However, Sibanda said he was unable to identify his attacker.
He said the other victim who was stabbed in the park had seen the attacker and could identify him.
The investigating officer added that the other victim identified Mothupi as the attacker, and that it led to his arrest.
Victim untraceable
But the victim is missing. It is understood that police could not trace him to serve him with a subpoena to appear in court to testify.
Section 174 discharge
Without its key witness to corroborate the investigating officer’s testimony, the State was forced to close its case on Monday.
Mothupi’s defence team then brought a discharge application in terms of Section 174 of the Criminal Procedure Act, arguing that there was no evidence that Mothupi was the attacker.
The application was successful and Mothupi was acquitted without having to put up a defence.
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