11 Oct 2016

Magisatrate court in Molepolole, on Monday (October 10), acquitted a  40-year-old man charged  with drunken driving.

Magistrate Rosemary Khuto acquitted  Tshiamo Tshiamonyana, who is a teacher at Mphuthe Junior Secondary School in Letlhakeng, when ruling on an application of no case to answer that was made by the accused at closure of the state case.

The magistrate pointed out that the accused, in his submission, said he had never driven a vehicle with the registration number that appeared on the charge sheet being B324 ATE, adding that the owner of the said vehicle was unknown to him.

The accused had also stated that he did not know all the documents that were being used in the case being the alcohol result slip, charge sheet and statements of the case.

Ms Khuto said the result slip of the alcohol content bore the names of an unknown person other than the accused.

She further noted that the prosecution admitted to making a typing error, saying it was possible the same error could have been extended to the alcohol testing.

Magistrate Khuto noted that the prosecution failed to show that indeed the accused had a case to answer by establishing that he was the one driving the vehicle, that the accused’s breathe had alcohol content and that it exceeded the prescribed limit.

She also pointed that the prosecution admitted to making a typing error when writing the vehicle registration number by writing 4 instead of 5, saying the typing error cut through the charge sheet, the prosecution witness statements and the summary of the case.

Therefore, she said the issue of the typing error raised doubts as it was it cut through most of the documents.

During trial, the court also noted that the prosecution were asked if they wanted to amend the charge sheet and they said they did not want to, the court therefore said the mistake was gross and could not be rectified at that stage, therefore concluding that the prosecution failed to prove beyond reasonable doubt that the accused had a case to answer, hence he was acquitted and discharged.

The state was represented by Sub Inspector Ans Lepang of Letlhakeng police station. ENDS