Rustenburg - Former head of the Specialised Commercial Crimes Unit, in the North West, advocate Jeanette Nevelling, accused of shoplifting, has applied for the case against her to be dismissed.
Nevelling, 54, appeared in the Molopo Magistrate’s Court in Mmabatho on Wednesday.
The case against her was postponed to February 8, for an outcome on her application.
The National Prosecuting Authority (NPA) said a police captain who took Nevelling’s statement following her arrest testified in court before the State could close its case.
“Subsequently, the defence attorney indicated their intention to make an application on Section 174 of the Criminal Procedure Act 51, to urge the court to dismiss the case, as they believe there is no evidence on which the court may draw her to the charges.
“Should the court dismiss this application, advocate Nevelling will take a stand to testify before the outcome of the trial is pronounced by the magistrate. Before the start of the trial, two of her representations to the office of the National Director of Public Prosecutions as well as the Director of Public Prosecutions in North West to have the matter dismissed were rejected,” NPA spokesperson in the North West division, Henry Mamothame said in a statement.
He said two of the State witnesses who are employees of the retail store, where the alleged crime happened had completed giving testimony.
“The defence has in the previous court sitting indicated that they will be calling a clinical psychologist to testify, however, they have opted to make an application for the case to be dismissed.”
She was arrested on February 16, 2021, at a shopping mall in Mmabatho, where it was alleged she stole clothing and food items valued at approximately R3000.
She is out on a R500 bail.
Nevelling resigned from the NPA in October 2021.
“Meanwhile, advovate Mashudu Mudau, from the Limpopo Division of the National Prosecuting Authority, representing the State, is adamant that the State has provided sufficient evidence for the prosecution of the accused,” Mamothame said.
IOL