Gallery guard assault trial date set

Johannesburg - The trial date for a Goodman Gallery security guard accused of assaulting a man who allegedly defaced “The Spear” artwork was set in the Hillbrow Magistrate's Court on Thursday. Magistrate Nsizwa Shabangu scheduled the matter for February 6.

Paul Molesiwa is accused of assaulting Louis Mabokela at the gallery on May 22, after Mabokela allegedly defaced the painting depicting President Jacob Zuma with exposed genitals.

Molesiwa's lawyer Rod Montano said his client would not accept an admission of guilt fine of R1000 offered by the director of public prosecutions.

Montano said he wanted it on record that the State conceded it would not use video footage of the alleged assault in the trial.

Earlier, he complained that repeated requests for the State to provide him with a copy of footage of the assault had yielded no results.

“We were told copies of the footage would be made and forwarded to ourselves (but) such has not been the case.”

Molesiwa, from the Core Tactical private security company, was filmed trying to restrain Mabokela, head-butting and flipping him to the ground.

Outside court Montano said only the original footage, as opposed to a copy, would have been admissible as evidence.

Montano argued earlier that the matter should be struck from the court roll.

Prosecutor Molepo Tema said it was in the interests of justice to pursue the matter because of the serious nature of the charge and public interest in the case.

Shabangu expressed impatience that a copy of the footage of the incident had not been given to the defence.

“It is in the interests of justice; if the defence asks for further particulars, it needs to be supplied.”

On September 7 and again on September 27 the defence requested the footage, but still did not have access to it by Thursday.

Molesiwa, escorted by a burly companion, appeared in court wearing a bright green jersey and jeans.

Sapa