Cape Town - A man had charges of gender-based violence (GBV) against him withdrawn because the court could not provide the complainant with a French interpreter of a specific dialect.
Matthew Lee Shefer-Boswell appeared in the Cape Town Regional Court for charges relating to gender-based violence (GBV) in which the State was forced to withdraw the charges against him.
The charges against Shefer-Boswell were provisionally withdrawn after the State’s request for an interpreter suitable for the victim’s dialect and a court preparation officer were not available.
The woman is a French national who is currently residing in Cape Town. It was alleged that Shefer-Boswell had allegedly assaulted her and caused her harm on numerous occasions between October 2019 and November 2020.
State advocate Renee Uys explained to the court: “There was prior discussion pertaining to the French interpreter being used in this matter as the complainant is French speaking.
“She can converse in English but her accent is rather thick and so it makes it complicated in consultation and it is the State’s opinion that it would not be acceptable for her evidence to be led without a French interpreter.”
The State therefore requested a different interpreter to assist with the trial. The alleged victim also consulted with a female court preparation officer who was unavailable.
Uys further explained: “She also has stated uncategorically that she would prefer a female court preparation officer and the court preparation officer I liaised with yesterday was a male.”
Shefer-Boswell’s lawyer, advocate Eben Grobelaar, used this to his client’s advantage: “It is my submission that if they can’t run the trial in the time allocated then they must withdraw provisionally and not keep this matter on this court roll – postpone it, get their case in order and then decide what they want to do,” he said.
In the end, Magistrate Wilma van der Merwe said the court was not prepared to give a further remand in the matter. She said that the State had five months to arrange for an interpreter as well as the court preparation officer.
The State therefore provisionally withdrew the charges against Shefer-Boswell but may revisit the matter in the future.
Immediately after the case was provisionally withdrawn, the woman angrily said this was unacceptable and “wanted to testify tomorrow, even today”.
She was visibly upset and demanded answers from the State prosecutor. She confronted Uys in the corridors of the court, asking for an explanation and causing onlookers to gawk while Uys tried to hold her composure.
Shefer-Boswell was charged with 14 counts of attempted murder, assault and malicious damage to property.