An acting magistrate is in hot water for verbally abusing an accused by telling him things such as “you think speaking English is being smart” and irregularly convicting and sentencing him to six months’ imprisonment. crime court The Star
He said the magistrate’s foremost irregularity was that he failed to send his ruling against Mashego to a superior court for a review.
In his submission to Judge Ratshibvumo, the magistrate conceded that the case was subject to automatic review and said he made a mistake.But this defence did not hold water, Judge Ratshibvumo found. “For the magistrate to simply put it in one line saying, ‘it was an error and/or oversight on my part due to workload’ leaves much to be desired,” he said.Mashego stood to suffer “great and unexplained injustice” had the senior magistrate not picked up the irregularity, said the judge.
“In just over a month from today , the accused would have served his full sentence without an opportunity to be considered for parole as he remains an awaiting-trial prisoner with no bail,” Judge Ratshibvumo said.Judge Ratshibvumo also found fault with the magistrate using unsavoury language during communication with Mashego. “Stand up. This is not a tavern,” Mashego was told.
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