The criminal case against alleged political fixer Brown Mogotsi has been postponed after the Johannesburg Magistrate’s Court ordered the state to provide his legal team with the full police docket, including outstanding witness statements that are needed to prepare for trial.
Mogotsi appeared in court on Monday for a pre-trial hearing, just days after the Johannesburg High Court dismissed his bid to overturn the refusal of bail.
Last-minute witness statements
The state informed the court that it was ready to proceed with the trial. However, Mogotsi’s legal team objected, arguing that prosecutors had failed to disclose witness statements timeously, which left the defence unable to consult properly with their client.
Defence counsel told the court that some of the outstanding witness statements were handed over only on Monday morning, just before proceedings commenced.
The defence further argued that many of the statements had been heavily redacted, with the names of individuals mentioned in the documents removed, making it difficult to adequately prepare for trial.
State prosecutor, Advocate Thami Mpekana opposed the application, arguing that disclosing the names and addresses of witnesses would not be in the interests of justice.
Concerns over witness safety
According to the prosecutor, concerns over witness safety arose during Mogotsi’s earlier bail proceedings when the identities of witnesses were disclosed.
Mpekana told the court that one of those witnesses was allegedly visited by Mogotsi’s wife after their details became known. He said the state was withholding the identities of witnesses to prevent a similar incident from occurring.
The defence, however, maintained that access to the information was necessary to properly prepare for trial and sought an order compelling the state to disclose the names and addresses of the witnesses expected to testify.
The court dismissed Mogotsi’s application for the disclosure of witness identities, accepting the state’s concerns over witness protection.
The magistrate then postponed the matter to August 20, directing the state to furnish the defence with the full police docket, including any outstanding witness statements required for trial preparation.
Mogotsi is facing charges including unlawful possession of a firearm and ammunition, perjury, and defeating the ends of justice in connection with an alleged staged assassination attempt in Vosloorus.
ALSO READ: Brown Mogotsi was not in car during ‘staged’ assassination attempt
- The criminal case against alleged political fixer Brown Mogotsi was postponed by the Johannesburg Magistrate’s Court to August 20.
- The court ordered the state to provide Mogotsi’s legal team with the full police docket, including outstanding witness statements.
- The defence argued that late and heavily redacted witness statements hindered proper trial preparation.
- The state withheld witness identities citing concerns over witness safety, referencing previous incidents during bail proceedings.
- Mogotsi faces charges including unlawful possession of a firearm, perjury, and defeating justice linked to an alleged staged assassination attempt.
Mogotsi appeared in court on
Defence counsel told the court that some of the outstanding witness statements were handed over only on
State prosecutor, Advocate
Mpekana told the court that one of those witnesses was allegedly visited by Mogotsi’s wife after their details became known. He said the state was withholding the identities of witnesses to prevent a similar incident from occurring.
Mogotsi is facing charges including unlawful possession of a firearm and ammunition, perjury, and defeating the ends of justice in connection with an alleged staged assassination attempt in Vosloorus.
ALSO READ: Brown Mogotsi was not in car during 'staged' assassination attempt
