MBHOKOTA – The case of the pensioner who was wrongly accused of and arrested for selling liquor without a licence by members of the Waterval SAPS, has been withdrawn in the Waterval Magistrate’s Court.

During the arrest, which took place on Reconcilliation Day last year, the police allegedly smashed the bedroom window of his neighbour’s house.

This follows after the Waterval SAPS raided the house of Mr Jerry Nkuna in his absence on December 16, allegedly smashed the bedroom window, and took cash (R2 095) and three cases of liquor designated for a party for his children. According to Mr Nkuna, the party was scheduled for December 17 and 18, 2004.

Realising that the police were breaking the windows of his neighbour’s house, the ageing Mr James Mafemane Nkuna decided to ask the officers why they were doing so and on his arrival, just before he could ask them anything, they wrongly accused him of being the owner of the house. According to Nkuna, they took him into custody.

The pensioner was released on a warning after Nkuna’s lawyer had made a bail application on December 17. He should have appeared again on December 21 and Nkuna claims that they sat for nearly the whole day without being called. When the court adjourned, he asked the prosecutor if the old man’s case was still going to be heard. “The prosecutor told us he was not in possession of the old man’s docket and therefore referred us to the control prosecutor, who verbally informed us that the case had been withdrawn against the old man.” He added that the prosecutor also confirmed that the R1 000, 00 fine imposed on the pensioner when he was wrongly accused of selling liquor without a legal permit was no longer valid.

When he requested to be given a paper to serve as proof that the case had been withdrawn, the prosecutor told him that he had already endorsed everything in the original docket and that it was not necessary for them to get a copy. In the meantime, the old man has allegedly already lodged a civil suit against the police.

With regard to Mr Jerry Nkuna’s liquor, money and the damages, Nkuna said that when the police returned his liquor, only one bottle of liquor was missing. On the issue of his missing money, he alleges that the police promised to conduct a thorough investigation, wherein an identification parade would also be held.

He said that his bedroom window had not yet been repaired, but confirmed that fingerprints had been taken, but the details are still unknown. “I am getting worried that the identification parade it is being delayed, so that the witnesses will find it difficult to identify the policemen who smashed my bedroom window, took my money and my liquor. I am just waiting for everything to be completed, so that I can resume with my civil claims,” he said.

Insp Maano Sadiki of the Waterval SAPS said: “As of now, we don’t have comment with regard to this matter.”