The Vryburg magistrate court withdrew the case against Sibongile Dube (35), after he was arrested on suspicion of smashing windows at the Vryburg magistrate court.
He was charged with malicious property damage. The initial statement from the security guard who was on duty on 09 January 2022, alleged he heard windows being smashed and upon investigation, he saw the suspect running away from the scene.
The security guard claims he gave chase and caught Dube then called the police, who apprehended the suspect and formally charged him. On Monday 17January the suspect appeared in court and opted to represent himself and told the court that he intends to plead guilty to his offence. He he however changed his mind later and requested Legal Aid representation.
He claimed his actions were driven by anger, following a three -month jail sentence he served for failing to appear in court on a separate offence in June 2020.He also attributed his anger to a two year sentence he received in 2009on an assault case. He alleges he had a valid reason for not attending court but was nonetheless sentenced.
The case was withdrawn after the State’s key witness deviated from his original statement during trial. The security guard who the state relied on to lead its evidence -in -chief, told the court that he did not see the accused committing the crime. This weakened the state’s case as there was not sufficient evidence linking Dube to the alleged offence.
The reason for the key witness to deviate from the original statement is unknown and, regrettably the matter had to be withdrawn.