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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15597
Experience:  L.LB (UOVS)
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Hello. 16 months ago I gave a man I did not know a lift where

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Hello. 16 months ago I gave a man I did not know a lift where he was going to sort out an employment dispute. The man that he was going to see leaned through my car window and smashed my face to the extent that I had to have 6 surgers - he knocked out teeth and I now have implants. The incident happened in Knysna and the case was struck off the role in February as I was in hospital on all the dates. I came back to Knysna and put it back on the role. Another witness came forward and made a statement. After I was assaulted, my assailant beat him up with a golf club. The police have given him the same case number XXXXX mine. The notification I received from the Police is that my assailant is set down for "plea and trial" on Tuesday. All witnesses have been subpoenaed. Why is the case number XXXXX same as mine and also, since I do not have an attorney, how do I apply for compensation in terms of Section 300 of the CPA. My damages amount to over 600 000 and I still have two surgeries to undergo?
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

1. Since this is a criminal case, you don't need an attorney. The Prosecutor is technically your attorney. The Prosecutor is going to go and try to get a conviction, it would seem, for assault, which is, I agree, stupid since he assaulted you to such an extent that you had to have had reconstructive surgery.

2. It would seem that the trial will commence on Tuesday and you are going to have to testify on what happened when he assaulted you and also be cross examined by his attorney. The Prosecutor is not going to tell you this, but it is not going to be pleasant. You are going to be made out by the defense attorney to be a liar. Remember that, that is his job. Although this is going to be difficult, don't take it personally. Just keep to your story and give the information that is asked. Don't volunteer any more information that what is asked for and just focus on what you remember, otherwise you are going to become confused. I have testified myself in a criminal matter at one stage, although not for as traumatic an experience as yours and I hated it. But I felt better for going through with it and getting the justice that was due to me.

3. The Magistrate can award compensation in terms of Section 300 of the CPA, but you are probably going to better off getting your own attorney and suing the person through a civil court for your damages, which is not just limited to your medical expenses, but also the trauma that he put you through.

4. The case numbers are the same, probably because the two matters has been joined and he is going to be charged for both assault charges in the same hearing. This is basically just to save time.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
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