Botho Molosankwe
For seven months, Marie Colbert has been waiting for justice after losing an eye when a neighbour’s pitbull viciously attacked her.
But while she had been under the impression that the matter would be concluded as soon as possible, it appears the matter was withdrawn in court two months ago.
Now, instead of being able to put a painful chapter behind her, Colbert has to come to terms with the fact that her case is no longer with the Brixton Branch Court, and nobody let her know.
Police are also claiming they were never informed of the court’s decision. While court records show that the matter was last in court on May 5 and that it was provisionally withdrawn, records at the Sophiatown police station show that the case is still open. The docket is also still in court but does not state what happened on May 5.
The investigating officer who was originally assigned to handle the case is said to be attending a course, but the one who took over claims that she was not aware that the court had already taken a decision on the matter.
Sophiatown police station spokeswoman Warrant Officer Lorraine van Emmerick and the station commander both confirmed that the investigating officer had no idea why the matter had provisionally been withdrawn.
“I cannot explain why the complainant was not informed because the investigating officer also did not know; the docket was not returned. The prosecutor made that decision. But sometimes it does happen that the prosecutor takes a decision without informing the investigating officer,” Van Emmerick said.
The 48-year-old mother-of-four got to know about the confusing state of matters when she approached Stephen Katz of the South African Progressive Civil Organisation in Westbury for help with her case.
Katz went to court, where he claims he was told that the matter had been “finalised” on May 5.
The attack on Colbert was not the dog’s first. The animal was believed to have killed two other dogs and also attacked 15- year-old Lauren-Marie Constant, biting her on a thigh. The dog has since been put down.
While Colbert claims that no one informed her of the court’s decision, the control prosecutor, Vincent Machobane, said she was not telling the truth because she was in court on that day. But Colbert maintains she was last in court on April 14.
After the attack on Christmas Day, Colbert complained that the police had been less than helpful when they wanted to open a case. It was only when The Star contacted them that charges were laid against the dog’s owner.
Colbert said her life had changed for the worse after the attack. “I used to get skroppies(piece jobs) before, but no one calls me anymore. Maybe they are scared I will burn their things now that I no longer have two eyes,” she said.