CAPE TOWN - The Acting Western Cape Director of Public Prosecutions, Advocate Nicolette Bell, has declined to prosecute Emile and Eben Etzebeth on counts of assault, stating there were “no prospects of a successful prosecution against the two men”.
Etzebeth and his 32-year-old cousin, Emile, appeared in the Hopefield Magistrate’s Court yesterday on two counts of assault with the intent to do grievous bodily harm.
The charges emanate from an incident on August 25, 2019 outside a Langebaan club during the early morning hours.
Two local residents claimed they were assaulted by Eben who had allegedly also made racial slurs towards them.
Western Cape spokesperson for the National Prosecuting Authority (NPA), Eric Ntabazalila, said after a protracted investigation, two counts of assault were preferred against Emile.
“Following the decision to prosecute Emile Etzebeth, his legal representatives made representations to the acting Director of Public Prosecutions to withdraw the charges.
“In evaluating the representations, the prosecution consulted the two independent witnesses, upon whom reliance was placed to institute the prosecution.
“The evaluation revealed that one of the independent witnesses could not identify the assailant who assaulted the two complainants, whilst the initial identification made by the second witness could not, following the consultation, be relied upon to sustain a prosecution,” Ntabazalila said.
He said regarding the evidence of the complainants themselves, one of the victims was unable to identify who his assailant was and no reliance could be placed on the identification by the other victim.
Advocate Bell stated that in determining the onus of proving a case beyond reasonable doubt, the court would have to consider the inherent probabilities and improbabilities of the case, as well as the inherent strengths and weaknesses in both the State and defence cases.
“In considering the onus, I am of the view there are no prospects of a successful prosecution. I therefore decline to prosecute Emile Etzebeth and Eben Etzebeth,” Bell stated.