Durban — KwaZulu-Natal businesswoman Manana Nhlanhla has been acquitted in the Pietermaritzburg Regional Court of a controversial attempted murder charge.
During the trial, evidence was led in court and magistrate Ismail Malek accepted that the house, where the alleged assault occurred, belonged to Mion (Pty) Limited.
Mhlongo sustained injuries to both hands. Through her attorney, she had previously stated that Nhlanhla attacked her while visiting her business partner.
It is alleged that there were other people in the house including a witness Nomusa Helen Mhlongo.
In a previous interview with the Daily News, Nhlanhla denied the allegations, adding that she was not at the man's place when the incident happened.
At Camperdown Magistrate’s Court, three prosecutors recused themselves from the case.
However, the trial date was finally set by the Pietermaritzburg Magistrate’s Court in November 2021.
Giving judgment, Magistrate Ismail Malek said the court, acting carefully, was of the view that there was no evidence that Nhlanhla committed the alleged offence, adding that the words “no evidence” do not mean no evidence at all, but rather no evidence that a reasonable court might use to convict the accused.
He said in the heads of argument regarding the onus of section 174, Mdumiseni Sishi (prosecutor) argued that the State had made a prima facie case in that it had presented sufficient evidence to warrant that a conviction of the accused ought not to be refused.
"In support of the submission, he argued that both the complainant - Brenda and witness Nomusa (Helen Mhlongo) gave their evidence in a straightforward manner without any contradictions and that Brenda had emerged unscathed after several days of cross-examination," said Malek.
However, Malek said the evidence was dangerous and too unstable, and could not be relied upon.
"It is also strange in the extreme that neither Brenda nor Nomusa could provide investigating officer Mr (Warrant Officer Velile) Gayi with even a basic identification of the accused. When the complainant and Nomusa were cross-examined on these issues, they avoided a number of questions. They became defensive. They also became argumentative and, at times, it was clear to notice their exasperation at these questions," he said.
He said therefore there was no credible evidence before him to convict the accused.
"The State actually took a decision, in the absence of any medical evidence or an inquiry being held in terms of section 193 by the court that Mr (Sithembiso) Mthethwa was competent to testify. Mr (Mdumiseni) Sishi didn't make himself available to the defence, Mr Mthethwa. On their version, he was incompetent to testify."
He said this not only contributed to abuse that had the potential to reshape the entire trial, but the influence was irresistible that the failure to call Mr Mthethwa and Mr Lucky (Sokhulu), who are potential witnesses to the alleged assault, was because they would have exposed facts that would have destroyed the credibility of both Brenda and Nomusa.
"More significantly to our nefarious evidence appears to be the golden thread, which is linked to the accused’s alibi. For example, he (Lucky) would have testified that he only picked up pieces of the wine glass in which he had personally served wine to the complainant, thereby denouncing the presence of a wine decanter as claimed by the State.”
He concluded the section 174 application was for the court, acting carefully, to ask whether the State has proved the guilt of the accused beyond a reasonable doubt. If the State did, then application 174 must be refused.
"Hence, in his judgment, the judge reminds the court of the duty to promote the spirit of the court and objectives of the Constitution. To achieve these ideal principles, accountability and transparency are crucial," Malek said.
Daily News