Carl Niehaus could incriminate himself if he takes the stand, lawyer tells court

Carl Nieuhaus is accused of flouting COVID-19 laws while protesting with others outside the Estcourt prison last year when former President Jacob Zuma was imprisoned.

Carl Niehaus at the Estcourt Magistrates Court on Monday, 16 May 2022. Picture: Nhlanhla Mabaso/Eyewitness News

DURBAN - The defence counsel for Carl Niehaus, who is accused of breaking COVID-19 laws, is arguing that if he takes the stand he could incriminate himself.

They are arguing that the case should be dismissed against him.

He appeared in the Estcourt Magistrates Court on Monday.

Nieuhaus is accused of flouting COVID-19 laws while protesting with others outside the Estcourt prison last year when former President Jacob Zuma was imprisoned.

Advocate Nthabiseng Mokoena told the court that all the evidence presented to the court failed to make a strong case.

As a result, Mokoena has requested that the matter be struck from the roll.

But she said that if her client took the witness stand, he would incriminate himself.

"It is the accused’s submission before this honourable court that there is no evidence against him and that there is no evidence on which a court acting reasonably might convict other than when the accused enters the witness box will incriminate himself," Mokoena said.

The advocate has argued that the State had failed to prove that the accused committed the offences that he's accused of.