19 July 2024
Gary Trappler and his attorney at the Cape Town Magistrates Court on Friday. Photo: Sandiso Phaliso
Magistrate Benge Qula heard on Friday that the case against a Cape Town lawyer should be withdrawn. Gary Trappler is on trial in the Cape Town Magistrates Court for damage to property. He is accused of slashing the tyres of Thandi Mgwaba’s car in a suspected racially motivated attack. Mgwaba was Trappler’s neighbour at the time.
Defence lawyer Anel du Toit filed an application in terms of section 174 of the Criminal Procedure Act to have the charges against Trappler struck off the court roll. This section is applicable if the state has failed to provide sufficient evidence that the accused committed the crime.
Du Toit argued that there is no evidence linking Trappler to the crime.
“The complainant never testified that she saw him slashing the tyres,” said Du Toit, adding that Trappler does not deny he approached the car. But he had done so because he had heard that Mgwaba’s car tyre had fluctuated and he went to investigate because is actively involved in neighbourhood affairs.
“The question is a simple one - is there a possibility that the court will find the accused guilty? And the answer is no. There is no evidence of anyone seeing Mr Trappler slashing tyres other than video footage which also does not show him slashing tyres,” said Du Toit.
She also argued that state witness, Peter Flentov, gave biassed and “useless” testimony. Flentov, former chairperson of the Green Point Neighbourhood Watch testified in April on the video footage showing Trappler approaching the car.
“The question is: is there anything to the state’s case? And the answer is no. There is no evidence that amounts to a conviction. The accused must be discharged in terms of section 174. And it is his right to remain silent and not take the stand,” said Du Toit.
But prosecutor Sino Mkonto argued that the section 174 application should be dismissed because the state has proved beyond a reasonable doubt that Trappler has a case to answer.
Mkonto said she brought three witnesses who were credible and video footage showing Trappler approaching Mgwaba’s car. “It is clear what is in dispute is that he stabbed the tyres but it is not in dispute he is seen on the video footage. There is a case for the accused to answer,” said Mkonto.
She said it was the duty of the court to look at the evidence put before it and take a decision.
She said the witnesses’ testimony corroborated each other and was corroborated by the video evidence. She said the video footage showed that the tyres were stabbed the third time that the accused went to the car.
“There is evidence before this court to rebut the version of the accused. The state is of the opinion that the accused needs to testify why he approached the car of the complainant four times that day,” said Mkonto.
Qula reserved judgment on the section 174 application until 5 August 2024.
Earlier in the day Nandi Horak testified that she saw Trappler in the CCTV footage going to Mgwaba’s car.
“This person was bending down and putting something on the windscreen,” said Horak, claiming the person she saw was Trappler. Asked whether the person she saw was in court, she responded positively and then pointed to Trappler.
Horak said Mgwaba approached her asking to view the CCTV footage. She sent Mgwaba the footage and subsequently also sent it to the police.
Horak said from viewing the CCTV footage Trappler was the only person to have gone to Mgwaba’s car although there were other people passing by on the far side of the road.