Byline: Andani Matumba
03 March 2022
The Evander Regional Court found Mr. Sanele Moloi guilty of assault with the intention to do grievous bodily harm.
This is after Moloi attacked a certain man who was referred to Mr. Nkosi in the judgment handed down 23 February 2022.
According to the facts presented in court, the accused struck the complainant with an open hand, tripped him and kicked him with safety boots.
The incident happened at a soccer field in eMbalenhle on 06 June 2021.
Moloi had pleaded not guilty to the charges against him.
Expert evidence from the clinical examination report compiled by a Dentist at Evander Hospital depicts that the complainant lost two of his teeth and also broke the other two due to the said incident.
It was the accused’s version that he caught the complainant and his friends in the midst of committing theft and they assaulted him so he merely wanted to confront the complainant about the said incident.
It was also the defense of the accused that the complainant was drunk and therefore could not recall what transpired when the said event took place.
The state argued that the Magistrate should pass a serious sentence and the criminal court roll is filled with cases because people take the law into their own hands.
The defense during mitigation, made an application for a suspended sentence on behalf of the accused.
“You must set an example with the accused so that the criminals will learn not to take this kind of a crime for granted”, said the Prosecutor in her argument.
She further made an application for the accused not to ever be granted with a firearm license in the future because he cannot control his anger.
According to the Magistrate, the state proved their case beyond reasonable doubt and sentenced Moloi to three years imprisonment which was wholly suspended and he was also ordered to spend 1000 hours taking part in community service at eMbalenhle Police Station.