Gary Trappler, a lawyer, who has been on trial in the Cape Town Magistrate’s Court, for allegedly racially motivated vandalism, is seeking to have the case dismissed.

On Friday, Trappler’s lawyer asked Magistrate Venge Qula to dismiss the case for lack of evidence, reports GroundUp.

Trappler is accused of slashing the car 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.

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 flattened and he went to investigate because he is actively involved in neighbourhood affairs. 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 biased and ‘useless’ testimony.

Flentov, former chairperson of the Green Point Neighbourhood Watch, testified in April on the video footage showing Trappler approaching the car.

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.

She said it was the duty of the court to look at the evidence put before it and make a decision.

Qula reserved judgment on the section 174 application until 5 August 2024.

Full GroundUp report