News / Regional
Crash chopper pilot acquitted
07 Jul 2014 at 07:23hrs | Views
SOUTH African businessman Fredrick Wilhem August Lutzkie was on Friday acquitted of charges of possessing camouflage material and disorderly conduct in a public place.
Gwanda magistrate Sheila Nazombe cleared Lutzkie of the charges saying the state had failed to prove its case.
In an application for discharge at the close of the state case, Lutzkie's lawyer, Vonani Majoko, said no case had been made on either of the two counts to nail his client.
"In respect of count one (possession of camouflage material) the witness called by the state admitted that the accused person was not at Doddieburn Ranch on May 21 and admitted that nothing was recovered from his possession," argued Majoko.
"The witness, a detective, admitted that he relied on information that was given to him by somebody who claimed to be the accused person's maid and that maid was not called to court. To that extent, what the witness said constitutes hearsay, which the witness also admitted." Majoko said a lot of people had access to the hunting ranch and the camouflage material with the inscription "Captain Lutzkie" could have been put there by anyone else and belong to any other person as his client was not the only one with the surname Lutzkie.
"The state was supposed to produce the recovered camouflage material for the court to satisfy itself that indeed there is a camouflage but this court is still left in the dark.
"The accused raised a defence alibi that he could not have committed the offence because he was not in the country. The state knew it had to prove the alibi but were nowhere close to proving the alibi," he added.
For the second count, Majoko said the meeting where Lutzkie was said to have threatened the complainant, Councillor Mphathiswa Ncube of Gwanda District's Ward 18, was held at Doddieburn Ranch, which is private and not public property.
"The state failed to prove the accused behaved in a manner that was disorderly. The evidence produced shows exactly the opposite," said Majoko adding that the state witnesses also lacked credibility.
The state, represented by Admire Zvongouya, conceded to failing to prove a prima facie case against Lutzkie.
"The state had a burden to prove whether the scene of crime was a public place and whether accused's conduct at that particular place was disorderly. "There was a police officer at the place and it is my submission that he should have apprehended the accused at that time. I only heard of the presence of the police officer through testimony. I concede to have failed to establish a prima facie case," said Zvongouya.
Allegations were that on May 21 this year at Doddieburn Ranch, Lutzkie was found in possession of camouflage material.
Further allegations were that on June 18, he used threatening, abusive or insulting words to Clr Ncube during a Campfire meeting at the ranch.
"The atmosphere at the meeting even after accused joined in remained peaceful. Nothing disorderly was portrayed through evidence produced by the state," said magistrate Nazombe.
Gwanda magistrate Sheila Nazombe cleared Lutzkie of the charges saying the state had failed to prove its case.
In an application for discharge at the close of the state case, Lutzkie's lawyer, Vonani Majoko, said no case had been made on either of the two counts to nail his client.
"In respect of count one (possession of camouflage material) the witness called by the state admitted that the accused person was not at Doddieburn Ranch on May 21 and admitted that nothing was recovered from his possession," argued Majoko.
"The witness, a detective, admitted that he relied on information that was given to him by somebody who claimed to be the accused person's maid and that maid was not called to court. To that extent, what the witness said constitutes hearsay, which the witness also admitted." Majoko said a lot of people had access to the hunting ranch and the camouflage material with the inscription "Captain Lutzkie" could have been put there by anyone else and belong to any other person as his client was not the only one with the surname Lutzkie.
"The state was supposed to produce the recovered camouflage material for the court to satisfy itself that indeed there is a camouflage but this court is still left in the dark.
"The accused raised a defence alibi that he could not have committed the offence because he was not in the country. The state knew it had to prove the alibi but were nowhere close to proving the alibi," he added.
"The state failed to prove the accused behaved in a manner that was disorderly. The evidence produced shows exactly the opposite," said Majoko adding that the state witnesses also lacked credibility.
The state, represented by Admire Zvongouya, conceded to failing to prove a prima facie case against Lutzkie.
"The state had a burden to prove whether the scene of crime was a public place and whether accused's conduct at that particular place was disorderly. "There was a police officer at the place and it is my submission that he should have apprehended the accused at that time. I only heard of the presence of the police officer through testimony. I concede to have failed to establish a prima facie case," said Zvongouya.
Allegations were that on May 21 this year at Doddieburn Ranch, Lutzkie was found in possession of camouflage material.
Further allegations were that on June 18, he used threatening, abusive or insulting words to Clr Ncube during a Campfire meeting at the ranch.
"The atmosphere at the meeting even after accused joined in remained peaceful. Nothing disorderly was portrayed through evidence produced by the state," said magistrate Nazombe.
Source - chronicle
