Murder case struck off roll as witness fails to co-operate

THE family of slain 33-year-old Vuyokazi Dzoyi who was stabbed to death allegedly by an intimate partner more than a year ago have alleged police bungled the case as the matter was struck from the court roll.

Dzoyi's sister, Bulelwa, said the only witness decided not to co-operate after the investigating officer from Langa allegedly missed several appointments with him.

“At first the witness was so co-operative, he told us over and over again that he was willing to give his evidence.

“After many failed attempts to meet with the investigating officer, he decided that this was a waste of his time as the police did not seem interested in his statement.

“I lodged a complaint with the police about this because I believe that if the investigator had met with him during those failed meetings, the case would still be before the court,” said Bulelwa.

Police spokesperson Novela Potelwa said: “A complaint about the manner in which the investigation was handled was lodged with the police by the family of the deceased. The complaint was investigated and is closer to finalisation. Further details will be communicated as soon as the outcome has been made known.”

National Prosecuting Authority spokesperson Eric Ntabazalila said: “The State requested the further remand after the single witness in the case failed to appear in court to testify. The magistrate refused the request and struck the matter off the roll. It was not withdrawn by the State.

“A member of the family contacted the senior public prosecutor of the Parow Regional Court to enquire about the matter. During the consultation, which lasted more than an hour, it came up that the family member had prior knowledge that the witness would not co-operate. It was explained to the family member that the State did not withdraw the case against the accused and that the State could not object when the magistrates refused a further remand.”

Ntabazalila said that the case would be re-enrolled as soon as the witness was available.