Question posted in the Criminal Law category relating to Western Cape
Question value: R 150.00
I went to lay a charge of Malicious Damage to Property against a known person, who damaged my car in Hout Bay Harbour. That afternoon he accosted me and tried to stab me when I defended myself and tried to reverse my car away from the conflict. A fight ensured and he then smashed the windows of my car in front of my passenger who is the witness in this case. The next morning he laid charges of assault against both of us. I typed out a statement and laid a charge against him. A few days later both I and my witness were arrested and immediately released after being fingerprinted and given notice to appear in court on the 15th of July 2020. The police ignored the High Court Restraining Order against him and did not want me to include it in the file when I laid charges, I have insisted that it be placed in the file. The individual has a long criminal record and has assaulted many members of the Yacht club we were visiting, including the Commodore. The members are afraid to get involved because of his violent nature and threats to "ram his fist down their throats" if they defend me.
What will happen on the 15th? Do I need a laywer present in the Wynberg Magistrates Court?
Answer to the Question
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Yes, you should get a lawyer to represent you on the 15th.
Just because the SAPS won't include the information in the docket, doesn't mean that you can't give the information to the prosecutor!
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