Gun confiscated after guy tried to attacke me with his pitbull. legal advice needed

[SeanG]

I never discharged my gun, i never even pointed it at him, a qusetion was raised about could i have avoided it, i was trying to, i was about a metre from my gate, long story short, my wife opened the gate to let family at that moment this guy was walking his dog, my german shepherd ran out and started sniff his pitbbull, the pitbull turned and went for my german shepherd, i heard my wife screaming at our dog, i ran outside and got the my dog away, i then appologised as it was an accident, he then started swearing and carrying on, so i said to ive appologised no lets go our separete ways, with that i turned to walk into my gate, he then came up behind me with his dog, i jumped around and stepped back, i told him to back off and drew my FA, and held it by my side, after the FA was drawn and he stepped back, i stepped into my gate and closed it, i holstered my firearm and the he preseeded to tell me how, he is a marine and he wil kill me with my own gun ect ect ect. about 5 mins later he arrived with the police. we went to court, a friends atorney represented me and asked for it to go to mediation, a week later i went to mediation and the guy never pitched, the magistrate struck the case off the court role, then my gun went for balistics at the lab, despite me never discharging it, when it was back i wanted to fetch it and was told by the detective that he cannot get hold of this guy to find out if he wants to pursue the case (have it put back on the court role) days/weeks/month goes by same story, they cant find him, then i go have a meeting with the head detective and he tells me he cannot understand why i wasn't allowed to make cases and why the other detective never called in my witnesses, the head detective calls in this detective and then this guy says, no the pitbull guy is in the navy and is away all the time so he couldnt make the court date and wants to pursue the case, so i told the guy, if that is the case then get it on the court role so we can get this finalized... to date nothing has happened. i mean surely this cannot be an indefinite thing, surely the detectives must see he is stalling and there must be a time limit, he cant stall like this for years, My Situation and living has changed, we have moved from that house and i no longer have my dogs as the place doesnt allow animals, our dogs were our protection , i need my gun back, about 20mins ago, i hear 9mm cocking and the cops kicked a door down for a drug bust, right next to my place in the complex, i have a wife and 2 small kids, about a month ago, 7 vans raced into the complex to arrest about 9 guys, diagonally across from my place, the sliding door was laying on the grass and the lounge covered in blood, this is my situation of accommodation at present, i need my gun to protect my family, and this asshole make a bogus case cause hes pissed off that i never ran away from him when he used his pitbull as a weapon! no man guys.. come on!

Lawyer up, as per Post #6 from SSP

Quote "If you cannot afford an attorney approach the legal aid board or a university law clinic"

[mavricbmw]

hi All, just to give you feedback, i last spoke to the head detective in october last year, when i went to complain about the investigating officer doing nothing. i called him about 3 weeks ago and told him that im furious about this story and that still nothing had come of the case against me, i reminded him that he admitted at our last meeting that things hadn't been handled correctly and he had made it clear he would look into it, 3 months down the line we are no further my final words were "do i need to go higher than you" it seems that clicked him into high gear, he said he'd call me back shortly, 10 minutes later i got a call back him telling me he had got hold of the complainant and that the complainant is going to come see him, bear in mind this guys was "not" contactable and always "away" and never "free" to meet. yet he still wanted to pursue a case. anyway, my wife gave a sworn statement and we submitted that, i got a hold of the detective 3 days later and he informed me that the case had been withdrawn.... he requested that i just be patient as the docket must be closed by the court ect, great no we wait to see if SAPS gonna section 102 me. i got a call bout a week later to say please come and collect your firearm, so i ask "Section 102" and the lady said no none of that will be necessary... so basically 2x things i have learnt and feel i need to share.
1st - IN ANYTHING, should you have an altercation go and make a case immediately - be the first to make a case, in the obscure legal system you are Right and the other person is wrong....
2nd - Make noise, make promises to take it higher, 99.9% of the time processes aren't followed, cases can be resolved and they are dragged out

[dsmerrills]

So have you collected your firearm yet?

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[GAZZAMCK]

So have you collected your firearm yet?

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this x100

[Electrix]

GAZZAMCK- your advice is 100% correct. Sometimes it happens where both guys run to the police station, only to be told they should both sort out there kak somewhere else. But you're right, go to SAPS IMMEDIATELY so you're seen as the "victim". Funny how these things turn out...Glad you're o.k. And got your protection back. As a side note, I've been in a somewhat similar position and the "complainant" also withdrew the case later. In hindsight, I should have gone to SAPS first, but because his ego was bruised, he opened a case 3 days later after loosing the fight in an attempt to redeem some dignity. Yet, he withdrew the case when the real facts came to light. Sometimes I wonder if I should not have counter sued the bastard for making false accusations. But I left it at that.


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