Magistrate Alex Moore , presiding at the Sparendaam Magistrate’s Court, has said that his court is not a comeback court, meaning that if matters are not properly filed and supporting documents are missing, then the matters will not be dragged out but thrown out.
The magistrate was recently responding to a comment made by radio and television journalist Ossie Rogers who told the magistrate that three charges
which were brought against him by the police from Sparendaam Police Station represented a campaign to waste his time.
Rogers told the court that the police have promised him that they will ensure that he visits the court as often as possible.
He also told the court that he anticipates that in light of the actions of the police they would not be ready to proceed with the matter when it is called again on September 28 and this would commence the back and forth saga in court.
Incidentally, Rogers has benefitted from Magistrate Moore’s position in not making the Sparendaam Court a ‘comeback court’. Rogers reminded that the magistrate had thrown out four charges brought against him in February by the police at the very court after the matters were found to have no merit.
Magistrate Moore read three charges brought against the journalist – failing to comply with police directions, resisting arrest and failing to produce documents as requested by a police officer.
However, when the prosecutor told the court that the man was arrested for failing to comply with police directions, it was pointed out by the magistrate that the offence is not one that for which someone should be arrested.
The magistrate noted that once the traffic police can see the person who is refusing to follow directions, driving without a seat belt, using a cell phone while driving or driving a tinted vehicle, and once the number for the vehicle is recorded, that is all that is needed by the police in writing the charge as they will be able to identify the errant driver when he or she appears in court.
In the past Magistrate Moore has thrown cases out of his court, mostly for sloppy work done at the level of investigating ranks and in some cases by those who make arrests.