Road rage accused a no-show at trial – the latest delay in a string of AfriForum’s Private Prosecution Unit cases

Businessman Hannes Botha filed a sicknote with the Hatfield Magistrates Court today, on the day he was scheduled to go on trial for allegedly assaulting motorist, Brendan Matthews. A warrant of arrest was issued but stayed until 3 November when the matter returns to court.

AfriForum’s Private Prosecution Unit holds a watching brief on behalf of Matthews. He and his mother approached the unit after unsuccessfully trying to obtain the most basic details about the case from the prosecutor. It emerged that the prosecutor was directing the matter towards mediation with the accused, despite it not being the will of the complainant.

Matthews alleges that on 22 October last year, he encountered Botha at a four-way stop intersection in Waterkloof where Botha allegedly failed to stop. It is alleged Botha then started chasing Matthews, crossing a solid barrier line into oncoming traffic to force Matthews off the road. Matthews says Botha blocked his vehicle from the front, approached his open window and punched him in the face. A witness, who was driving behind Matthews, has provided a statement which confirms what happened.

“Botha’s absence in court is just another delaying tactic in the hope that the complainant will eventually lose interest and withdraw the matter,” says Barry Bateman, spokesperson for AfriForum’s Private Prosecution Unit. 

“We will monitor this matter closely to ensure that justice is done. At the previous appearance, the prosecutor told Matthews that he is ‘messing up’ her stats by not agreeing to mediation with the accused,” Bateman adds.

Botha’s absence in court is just the latest in several cases in the last week where an accused simply failed to pitch up.

In the last week:

• Assault-accused Jacques Loock scheduled a medical appointment on the day his trial was scheduled to proceed. The trial was postponed to November. Loock, a Captain in the Hawks, is accused of assaulting his ex-girlfriend, Izelle Venter.

• The attempted murder and rape case against Bedford Conga was postponed because he too claimed he was ill. The matter was postponed to next month for the trial to continue. Conga is accused of infecting his former partner with HIV, while knowing he had the virus and withholding this fact from her.

“The courts are not taking the absence of accused at proceedings seriously enough. The reasons they provide must be properly investigated instead of simply being accepted. The delays negatively impact the credibility of the justice system, and further compounds the injustice on the complainants and witnesses who always ensure they are in court to ensure justice is done,” says Bateman.