Acting judge escapes prosecution on road rage case
The spectre of selective prosecution has not ceased – but instead of a politician being shielded from the prosecution, it is a senior member of the legal fraternity. AfriForum’s Private Prosecution Unit has taken up the case of Conrad Pretorius, who was stabbed in the neck and leg and left with life threatening injuries following a road rage incident last month. The suspect in that matter is an acting judge and a senior counsel based in Pretoria.
On 1 August, Pretorius and his wife were driving in Menlo Park when they encountered the advocate at an intersection where the traffic lights were not working. It is alleged that an altercation ensued which resulted in the advocate chasing Pretorius through the streets of the suburb for about five kilometres before blocking him in a cul de sac. It is further alleged that Pretorius and the advocate alighted from their vehicles where a confrontation occurred. Pretorius alleges that the advocate stabbed him in the neck with a sharp object, whereafter a struggle ensued, and he was also stabbed in his leg. Pretorius managed to get back in his car and drove to the nearest hospital for treatment.
Pretorius was hospitalised and discharged almost a week later. While in hospital he filed a criminal complaint of attempted murder against the advocate, but soon discovered that the advocate had filed a criminal complaint against him. According to a member of the investigative team, despite being arrested and in custody in the holding cells of Hatfield Magistrates’ Court, the National Prosecuting Authority (NPA) withdrew the case against the lawyer without him appearing. However, the case against Pretorius, who did appear in court, was postponed to 14 September 2023 for further investigation.
Pretorius also alleges that the attorney for the advocate, collaborating with the police detective assigned to the case, attempted to intimidate him into agreeing to the mutual withdrawal of both cases.
In a letter to the NPA, head of the Private Prosecution Unit, Adv. Gerrie Nel says: “The suspect’s lawyer and the police investigator attempted at the Brooklyn Police Station to have both matters withdrawn. They have now succeeded in ‘convincing’ the prosecutor to abandon the prosecution of a prima facia case of attempted murder against [the advocate].
“The steps taken to make this matter go away are in vain. Our instructions are that our client rightfully demands prosecution and action against the suspect, and the functionaries who made the irrational decision. We accept that this irrational decision will be reconsidered but hold instruction to consider a private prosecution should the NPA decline to do so. We shall approach the NPA for a certificate nolle prosequi at the appropriate time.
“The NPA owes society an exposition that will engender trust that those transgressors with political connections will not be sheltered from prosecution, and neither will your stature in the legal fraternity unduly protect you from prosecution,” said Nel.
