One of three men accused of plotting to free a prisoner under armed guard at Settlers Hospital in Grahamstown earlier this year has been discharged because of insufficient evidence.
One of three men accused of plotting to free a prisoner under armed guard at Settlers Hospital in Grahamstown earlier this year has been discharged because of insufficient evidence.
Thembile Ngqoyiya was discharged in terms of a section of the Criminal Procedures Act. The men appeared in the Grahamstown Regional Court this week on charges of possession of illegal firearms and ammunition.
They were arrested on 24 January near Grahamstown after police received a tip-off that they were en route to free a patient at Settler's Hospital.
The informant told police that the occupants of a white Kia Rio were on their way to Settlers to disarm police officers and free a man under police guard.
Testifying at the trial on Tuesday 28 October, Warrant Officer Jacques Joubert said he was informed that wanted suspect Thabo "Gadaffi" Madikane was in the car which was driving towards Grahamstown in the early hours of that morning.
Madikane was indeed in the vehicle with his two co-accused Thembile Ngqoyiya and Nthabeleng Charles when police stopped them in January.
Police had been looking for Madikane for about a year in connection with cases of murder and a cash in transit heist, but on the day in question they did not have a warrant for his arrest with them despite the fact that it had been previously issued.
The three men did not take the stand during the trial as their attorney Tobile Bara told presiding officer magistrate Ronny Lesele that putting his clients on the stand would be an infringement of their rights.
Throughout the trial police officers from the Tactical Response Team (TRT) in bullet-proof vests and armed with high-calibre firearms were present. Bara said his clients would testify that they were not en route to Grahamstown, but were driving past when they were arrested.
Joubert said entries on his pocket book would reflect information he had received about the planned hospital raid.
Joubert collected colleague Sergeant Nelia Carf in Port Elizabeth and told her about the information he had received before driving with her to Grahamstown. According to Carf, the two police officers went to Settlers Hospital where they told the officers about the tip off, showed them a photo of Madikane and warned them to be alert.
Then Joubert contacted Warrant Officer Percival Benn from the Dog Unit and asked him to set up a road block.
Carf said they started driving back towards PE in Joubert's car, but they had to drive slowly as there was a problem with a wheel. About 80km outside PE, Joubert spotted a white Kia Rio travelling in the opposite direction at about 2.30am.
They turned around and followed the vehicle and called Benn and told him about their movements. Carf said Benn informed them that he was waiting for them near the Stone Crescent hotel.
She said she was under the impression that there would be a road block, but this was not the case. Benn followed behind them from Stone Crescent.
Carf said they then decided to pull the vehicle over, and the driver pulled over without hesitating. Carf said the occupants except for Madikane adhered to police instructions to exit the vehicle and lie down.
Joubert testified that he got into a scuffle with Madikane who refused to exit the vehicle and lie on the ground as ordered by police.
Bara accused Joubert and the other state witnesses of tailoring their evidence to suit his cross examination after they added new information to their evidence during cross examination.
Lesele discharged Ngqoyiya after Bara applied for the release of all three men in terms of section 174 Act 51/1977 of the Criminal Procedures Act which states: "If, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty."
He said that according to Joubert the only reason Ngqoyiya was arrested was because he was driving the car on the night in question.
Lesele said that Charles, on the other hand, would have to answer to the allegations of telling police that there was a firearm under the seat, while Madikane was alleged to be in possession of a firearm before being disarmed by Joubert.
Bara said the state witnesses contradicted themselves and failed to stand cross examination, adding that they did not follow proper police procedure when they arrested the three men, as outlined in the Standing Order No G341 of the police Act.
Judgment is expected to be handed down today at the regional court. Madikane remains in custody and Charles is out on bail.
The magistrate ruled that they would have to answer to the charges.
All three men pleaded not guilty to charges of possession of illegal fire arms and ammunition.
