High court clears advocate

A former prosecutor has been cleared of charges that he stole money paid as admission of guilt for traffic offences.

Pretoria - Former prosecutor, advocate Itumeleng David Masako - who was convicted and sentenced for stealing money paid as admission of guilt for traffic offences - has been cleared of all charges.

In July, Masako successfully appealed against his theft convictions and sentence. Judge Mahomed Ismail of the High Court in Pretoria on appeal said the prosecution failed to prove its case beyond reasonable doubt against Masako.

He was charged in 2006 in the Pretoria North Magistrate' Court and was subsequently convicted on two charges of theft. He received a five-year suspended jail sentence.

In the first case, the complainant claimed he gave Masako R1 500 as payment for an admission of guilt, but that it later emerged that an official receipt only reflected R800.

In the second case, the complaint said he was told that he had to pay R1 500 as an admission of guilt, but he only had R500 with him. According to him, Masako said he should give the R500 for the time being and later pay the balance. It was claimed that the endorsement made on his file indicated that the admission of guilt was only R1 000.

Masako turned to the high court in 2014, where he unsuccessfully tried to have the convictions overturned on review. He at the time stated that he did not receive a fair trial as the magistrate did not ensure that he fully understood his rights in challenging the evidence against him.

Masako was representing himself and had told some of the witnesses that he was the "best prosecutor" in South Africa.

Judge Bill Prinsloo, in February 2014, turned down his review application.

Masako then successfully appealed against his convictions and sentences as he all along maintained his innocence.

Judge Ismail criticised the State for not calling a crucial witness regarding the first theft charge. It was also found that the complainant in this charge contradicted himself on a crucial point.

The judge said regarding this charge, the explanation of Masako regarding his innocence was reasonably and possibly true.

In commenting on the second charge of theft, the judge said the complainant' story had a ring of truth. However, a person could not be found guilty on the premise of a mere suspicion.

He said there had to be satisfactory evidence leading to such a finding.

Pretoria News

zelda.venter@inl.co.za