In another twist involving the public protector’s office‚ the Minister of Co-operative Governance an.
A senior public prosecutor was given a month to decide whether to drop charges against one of two firemen accused of robbing a family, the Durban regional court heard yesterday.
But no decision had been made and the accused would now have to wait almost another month for an outcome.
On August 5 a submission was made to the prosecutor by attorney Leon Dunn to have the charges against his client, Hector Britts, withdrawn.
Britts, 28, and Ntokozo Xolani Myeza, 28, face a charge of robbery with aggravating circumstances.
The two are firemen at the eThekwini municipality and have not been suspended from duty.
It is alleged the two and four others stormed into a house on the Bluff on March 26 this year.
At the time the police said the men, five of whom were armed with handguns, tied up a man, his wife and their niece. They doused them with petrol and threatened to set them alight.
The robbers fled with some items when another family member arrived at the house.
Britts and Myeza were later arrested when the police allegedly found stolen jewellery and pistols in their possession.
Yesterday magistrate Delia Turner said: "Sometimes decisions like these take time."
Myeza's attorney, Njabulo Ngcobo, also asked for witnesses' statements but Turner refused, saying the senior public prosecutor had to make a decision before anything else could happen.
In papers sent to the senior prosecutor it is stated that no stolen goods or firearms were found at Britts' home and that "the only link the state has in respect of him is an identity parade".
The documents also says the family had seen a picture of Britts before the identity parade.
"...the investigating officer was at the police station before the ID parade was conducted and took photographs of him prior to the ID parade..."
"The same photographs were accessible on the screen and the complainant's family was present at the police station at the time the photographs were taken," the papers says.
They also say that Myeza had admitted that Britts was not with him at the time of the alleged offence.
The matter was remanded to September 30. Both accused are out on extended bail. - Sapa