Jeanette Neveling’s application to have shoplifting charges dismissed was filed on Thursday, 10 November in the Molopo Magistrate’s Court in Mmabatho. 

The former head of the Specialised Commercial Crime Unit in the North West lodged the appeal – claiming lack of evidence – before the State had closed its case. 

The State is adamant it has a solid case and presented evidence that would convince the court to sway a decision in its favour. If Neveling’s bid fails,  she will take the stand to give her version of events and be cross-examined by the State.

Neveling allegedly stole clothing and food items valued at about R3,000 from a shop at the Crossing Shopping Centre in Mmabatho on 16 February 2021. 

She was granted R500 bail. Neveling has since resigned and effectively ceased being a National Prosecuting Authority employee as of 30 October 2021. The trial commenced in June and Neveling pleaded not guilty to charges of theft.

At the time of her arrest, Neveling was leading the prosecution in a corruption case involving former North West Finance MEC, Wendy Nelson. In November 2021, Nelson and the former head of the health department, Andrew Lekalakala, were acquitted in the North West High Court on fraud charges.

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According to North West National Prosecuting Authority (NPA) spokesperson Henry Mamothame the application for dismissal was filed before the State could close its case. 

Mamothame said that her latest dismissal bid follows two earlier failed attempts to the office of the National Director of Public Prosecutions as well as the Director of Public Prosecutions in North West.

“So far two of the state witnesses who are employees of the retail store, where the alleged crime happened, have completed giving testimony. The State has also supplied Neveling with a copy of the video depicting the alleged offence taking place.”

The two witnesses were on duty on the day when the alleged shoplifting happened. According to the testimonies of the witnesses on the day in question, the accused allegedly took items from the shelves and put them into her trolley. She exited without paying for them.

In September Neveling indicated in court that she planned to call a clinical psychologist in her defence. But on Thursday she opted to make an application for the case to be dismissed, according to Mamothame.

Advocate Mashudu Mudau of the Limpopo NPA, representing the state, is adamant that the state has provided sufficient evidence for the prosecution of the accused.

Proceedings will resume on 8 February 2023. DM