Pacaltsdorp assault case: Six assault-accused acquitted

Update

GEORGE NEWS - While the family of Maximilian Reimann, the young man from Pacaltsdorp who was brutally assaulted in August 2022, say they are deeply disappointed by the outcome of the court case in which all six men accused of the attack were found not guilty, the acquitted men are now preparing to take legal action against the State.

Their legal representative, Winston Jansen, did not want to elaborate at this stage.

The Reimann family say the past years have been extremely challenging for them, and the recent decision has left them feeling that justice has not been served. "We continue to struggle with the trauma of the attempted murder and robbery, and this outcome only adds to our pain.

Despite this, we remain grateful to everyone who supported us during this challenging time. We ask for privacy as we process these events and try to move forward as a family," Nellie Reimann, Maximilian's mother, told George Herald on Monday morning, 20 October.

This follows the George Regional Court's judgment and acquittal on Thursday 16 October. Chaywin van Niekerk, Shannen-Lee Botha, Jody Botha, Sheldon Remas, Ethan Bevie and Chadwill Kiewiet had all been in custody since shortly after the incident, until they were released on 16 October when the court found them not guilty.

The National Prosecuting Authority's Eric Ntabazalila confirmed the acquittal, but couldn't give any more details about Magistrate Frances Makamandela's finding.

According to the charge sheet, the case was postponed several times and was heard in the George and Knysna courts. The requisite notices for the witnesses to appear had been issued. However, the witnesses, who were supposed to be brought to court by the investigating officer, were never produced.

Records indicate that a warrant of arrest was authorised for one of the witnesses, but that it was never executed - and no explanation for this was provided.

The State's last attempt to have the matter postponed failed on 14 October, as the court had previously warned the investigating officer to ensure the witnesses appeared in court - a directive that was not followed.

On the same day, the court closed the State's case, which prompted the defence to launch its applications in terms of Section 174.

Section 174

The judgment was handed down in terms of Section 174 of the Criminal Procedure Act. This means an accused person may be acquitted at the end of the State's case if the court finds that the prosecution has not presented sufficient evidence on which a reasonable court could convict.

It allows the judge or magistrate to stop the trial at that stage, without the accused having to testify, if there is no credible evidence linking them to the alleged offence.

The purpose of this section is to protect the rights of the accused and to prevent weak or unfounded cases from continuing unnecessarily.

If a Section 174 discharge is granted, it counts as a formal acquittal, meaning the accused cannot be tried again on the same charge based on the same facts. This means the court can return a verdict of not guilty if the State has failed to establish a prima facie case against the accused.

The attack

Reimann was attacked in Mission Street, Pacaltsdorp, during the early hours of 27 August 2022. In his evidence, he told the court he could not identify any of the accused as the people who assaulted him.

In August 2023, a seventh accused, Johnwill Tarentaal, pleaded guilty to assault with the intent to cause grievous bodily harm.

In his plea, he admitted to kicking Reimann during the altercation, but insisted he had only joined the assault after regaining consciousness from an earlier fight.

After proceedings, Jansen, the accused's attorney, said it took them three years, one month and 11 days to complete the court case. He had no further comment.

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