Court error sets AK gang free

Pretoria - A Pretoria North prosecutor “misunderstood an Afrikaans instruction” leading to withdrawal of armed robbery charges against two men who allegedly attacked a Montana family with AK47s.

Fanie Venter and two of his son’s friends, Tiaan Strydom, 27, and Jeandre Visagie, 20, were due to testify in the Pretoria North Regional Court on Thursday when they were told by the prosecutor “she had bad news”. They were told the two alleged robbers they had identified in May 2011, three months after the robbery, had been released and all charges against them withdrawn – by accident.

The prosecutor said she had misunderstood an instruction from the control prosecutor to withdraw charges in an unrelated case.

“I cannot understand how this is possible. How do you withdraw an ongoing case without any reason?” Venter asked.

Following an identity parade, Solly Mohlahlo and Morekgomo Stanley Phaahla were denied bail because both have prior convictions, including murder and hijacking. They had been awaiting-trial prisoners since their arrest in 2011.

“Two hardened criminals are now on free foot because of a mistake by so-called professional people. The justice system has let us down. They can come back for us at any time,” Venter said, adding his family had been traumatised and now live in fear of another attack.

But National Prosecuting Authority spokesman Medupe Simasiku said it was an honest mistake.

“The instruction was given to the prosecutor in Afrikaans, which is not her home language, and a mistake like that does not warrant disciplinary action,” he said.

Simasiku could not say whether the charges would be reinstated.

Pretoria North acting chief magistrate Tsopane Monyemangene said the matter had been brought to his attention but he could not comment without a thorough investigation.

Venter said his gardener of 16 years, known as Wynand, allegedly organised the robbery and the two accused were related to him. This came from a confession by Wynand’s wife when he became seriously ill. He has since died.

Venter said he has several businesses in the city and a few of his sons’ friends helped out at the businesses. On the evening of the robbery, five friends and Wynand had just arrived at his Montana home where they would deliver the day’s takings.

Venter, his wife Mariè and two children had been inside the house when one of the friends, Strydom, ran in saying they had just been robbed.

Strydom previously said they were making their way into the yard when a VW Golf GTI parked behind them.

“Four men armed with AK47s and handguns jumped out and forced some of us to the ground.

“I remained standing and they demanded the bag with money.

“I gave it to them and pleaded with them not to hurt us.

“One shoved an AK47 under my chin and demanded a second bag of money. I told him there was only one.

Strydom said he was instructed by the robber to look him in the eye and to stop f***ing around.

“The others on the ground were also told to look at the robbers. They wanted to see our fear,” he said.

It only later made sense that Wynand had been the only person not to have been threatened by the robbers.

Following the arrest of the two, Wynand disappeared.

Police spokesman Captain Jan Sepato said the investigating officer in the case will issue Mohlahlo and Phaahla with summonses to appear in court.

“We cannot issue warrants for their arrest as they did not escape and were released by officials.

“The summons will be delivered as soon as possible,” he said.

Sepato said he could not comment on the whereabouts of Mohlahlo and Phaahla because the investigating officer had to first visit their addresses.

Pretoria News