Durban — The trial against a man charged with theft of essential infrastructure belonging to the Passenger Rail Agency of South Africa (Prasa) is to continue in three weeks. If convicted, he could face 15 years’ imprisonment.
The matter against Jacques York was heard on Tuesday in the Pinetown Regional Court, where he also faces an alternative charge of damage to essential infrastructure should the State fail to secure a conviction for the count of theft.
In June, Prasa announced that security was on high alert after threats of criminality and violence on some sections of its northern corridor.
Further, it said that in April, May and June its signalling cables, Overhead Traction Equipment (OHTE) and rail assets had been under constant attack by criminals, adding that about R3.5 million worth of station assets had been stolen and vandalised, and some of its peace officers attacked.
In court, Prasa peace officer Siyabonga Mdletshe was cross-examined by York’s Legal Aid attorney Sebastian Chetty over evidence he led concerning two statements he had made to police, as well as the version of the accused.
Mdletshe’s testimony was that while he was patrolling on foot at the Escombe railway line he spotted two men unscrewing the bolts off a 4m iron bar connected to the railway line.
A statement that he made to the police was that the two were carrying the iron bar and when he reached them and asked where they had got it from, they admitted to him that they had taken it from the railway line.
However, his testimony was that their reply was that they had found it in the bush. It was established in court on Tuesday that Mdletshe’s second statement, which was more detailed, was made after he was contacted telephonically for clarity.
Chetty put York’s version of events to Mdletshe, saying that on that day York and his brother had gone to the Malvern Post Office to check if they had received their R350 government grant.
He said they found that computers were off-line and decided to go looking for cans and scrap metal. While walking home from the post office they spotted a pole with branches covering it across the road from a local hardware store.
Chetty alleged that on the way, while walking on the main road carrying the pole on their shoulders, two Community Policing Forum (CPF) members, one driving a white Ford bakkie and the other a blue Audi, stopped them and asked where they got “the thing” from.
“The CPF members enquired if it was not Prasa property; they then made a call and Prasa came. They loaded the pole into the white CPF bakkie and took us to the police station. These were two Prasa officials who came in a white bakkie. The man jumped out while the female stayed in the vehicle. She only exited to open the back of the Prasa van when the suspects were being put there.”
Mdletshe said York’s version was untrue, saying that the CPF member who they found already parked under a tree had been driving a Nissan 1400, and there had been no blue Audi.
“That’s not true. If they had been apprehended by CPF members, there would be a statement from them.”
Mdletshe said he had not told police that York’s response was that they had found the iron bar in the bush, because he knew they had taken it from the railway line.
“They were on the scene unscrewing the bolts… This is what I told the sergeant. They decided to write the statement that way.”
The trial is set down for two days when it resumes.
Daily News