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My son was mob attacked outside Mc Donald’s Northgate on the…

My son was mob...

My son was mob attacked outside Mc Donald’s Northgate on the 1st Oct 17. Video footage shows private security company, jmpd and Saps were on the scene prior to his arrival. He walked slap bang into the middle of whatever, and it became a racial incident. He asked a policewomen to intervene and help him but unfortunately used a swear word and subsequently got arrested and charged with criminal injury. Have obtained video footage and

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Jeesh Gauteng RSA where are you based.

Lawyer's Assistant: Have you talked to a lawyer yet?

We appointed one on the court floor at the Randburg Magistrates court case was postponed for further investigation till 24th Nov struggling to get hold of him seems a bit too casual about this it’s devastating our family

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just need help

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Answered in 32 minutes by:
11/20/2017
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,681
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Do you mind if I take a moment to review your question? I will come back to you shortly!

CaseLaw

Ask Your Own South Africa Law Question

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

From what you've explained, it sounds as if your son has already had his first appearance, and that the senior public prosecutor has decided that they want to prosecute your son. Your son is now "taking part" in the South African criminal justice system.

Cases are typically postponed for 2 or 3 occasions to enable the SAPS to continue their investigations, and to obtain witness statements, and evidence, and the like. Once the prosecutor is confident that he/she has enough evidence, the case will then be postponed for trial.

It sounds to me as if you've hire "one of the many" attorneys who operate on the steps of the Randburg Magistrates Court. There are a NUMBER of lawyers who operate within the Randburg Magistrates Court, so if you think that you're not being properly serviced / supported by your existing lawyer, you must know that you can find another one.

I am afraid that I am not allowed to refer you to a specific attorney, however I can suggest that you can locate a suitably qualified attorney in your area who will be able to assist you with your query at Find a Law Firm practising in the Randburg Magisterial District. You can use the left hand menu on that website to refine your search to lawyers working in your area!

You'll need to speak to the lawyer directly about his/her charges as they vary depending on a number of factors. e.g. small firm / big firm, years of experience, etc ...

You need to be confident in your lawyer - in their ability to represent you.

What I can tell you is that until the State has finished its investigations, and until the State has provided you with a copy of the docket, there is not a heck of a lot that your lawyer can do. The postponements are really just that, postponements. There's no need to prep for them. You just arrive; postpone; leave. Literally 10 minutes - if that.

Once the docket has been made available, THEN the serious legal work starts. Picking apart the State's case. Finding your own witnesses, etc.

So maybe don't worry too much right now ... rather see what happens on 24/11 and perhaps get your lawyer to ask the Magistrate to order that this postponement must be the last. Then the charges must be withdrawn?!

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 5 months ago
All good so far the only problem is for the State is I have the video feed and witness statement in hand - and it’s clear - this was a racially motivated incident, the officials on scene observed and took no action - when help was asked for - the way in which it was asked - motivated them to arrest my son. He was on the ground being kicked in the head and ribs and no one else was arrested - now they drag it through this process and what? Fabricate? Are we able to present this evidence without a State docket and walk away from this disgusting narrative because really - what is before us is abhorrent

No.

The reason for this is that the State is running your son's trial, and only once the State is ready, and only once a trial date has been allocated, will it all start.

You can only present that evidence during the trial - as part of your son's defence.

What you CAN do is to approach the senior state prosecutor and show him/her the evidence and ask that your son be given the opportunity to make representations as to why the charges should with withdrawn.

Also, your son could lay charges against the people who were kicking him, and then use the video as evidence in that case.

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,681
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 4 months ago
Morning, just an update on my son’s 2nd appearance on the 25th. The case was moved to court 6 at Randburg Magistrates court for application to enter into mediation. This was granted for the 7th Dec. As I understand, the officer/s are issued a summons to appear. My questions are many. If they don’t appear? If they do and are adamant my son must “pay” for whatever they deem he is guilty of? Can we present the video footage and security guard statement? Is that even necessary? Should we consider just letting go of any thoughts of fairness and humble ourselves and apologize humbly to the officer for not recognizing his/her authority and asking for his/her help in such a bad way that it was deemed necessary to arrest my son and charge him with criminal injura? And lastly, will there be any possibility that I as his mother, be allowed to be present at this mediation hearing?

Yes, the officers (whoever the complainant is) will be asked (summoned) to join the mediation.

If they don’t appear? --> The prosecutor might refuse to prosecute the matter further.

If they do and are adamant my son must “pay” for whatever they deem he is guilty of? --> It will inform the prosecutor's decision of what to do. The prosecutor might withdraw the charges.

Can we present the video footage and security guard statement? --> No. The idea behind a mediation is to apologise and move forwards. Not dwell on evidence.

Should we consider just letting go of any thoughts of fairness and humble ourselves and apologize humbly to the officer for not recognizing his/her authority and asking for his/her help in such a bad way that it was deemed necessary to arrest my son and charge him with criminal injura? --> YES, because then the whole thing disappears. Make a big apology. Suck it up. Make this case go away!

The prosecutor won't prosecute any further if he can see that you are making a GOOD faith attempt to apologise, and that you (your son) really means it. If you explain that your son has also been punished, or such like, the prosecutor might also withdraw the charges because of that.

And lastly, will there be any possibility that I as his mother, be allowed to be present at this mediation hearing? --> If you son is a minor, YES. If your son is an adult, possibly. You'd need to ask the prosecutor for his consent. Perhaps mention that you want to join in order to assist your son and make sure that he doesn't break down emotionally.

Good luck!

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