Drama unfolded in the Mdantsane Magistrate’s Court where 15 people appeared for the murder of 22-year-old Samkelo Phuthuma, who was killed earlier this month, following the gang rape of a NU3 woman.
The group appeared for a formal bail hearing yesterday but the process was filled with drama as the Legal Aid lawyer who was representing 13 of the accused went absent without leave soon after consulting with them.
The 15 were arrested after a video showing an angry mob stoning and torturing Phuthuma went viral.
In court documents the state, which is opposing bail, argued for the offence to be a schedule 6 saying it was premeditated murder.
Following the disappearance of the lawyer, the court had to wait two hours for another lawyer to come and represent the 13, while the remaining two were represented by private lawyers.
The court was told that the absent lawyer, after consulting with the group, decided to go to a different court instead of returning to the bail hearing.
When the new lawyer was introduced by the defence a furious magistrate, Nolundi Mkwali gave him a tongue-lashing after he asked the court for three hours to start afresh with consultations.
He refused to proceed with the bail application without consulting his new clients.
The drama-filled exchange drew the ire of the crowd in the public gallery with many breaking into moans of disapproval while others mumbled among themselves.
The lawyer representing one of the accused asked the court to proceed because his client was missing out on exams.
The court adjourned at 1pm and after resuming at 2pm the court had to wait for the lawyer who had gone awol earlier to return. He only arrived 30 minutes after the court started.
Mkwali saw no point in starting with the proceedings and postponed the matter to today.
The court also heard that the consultations were late in starting because of a glitch in transporting the nine female accused from the East London Prison’s women section. — malibongwed@dispatch.co.za
Delays in trial of 15 accused in Mdantsane murder case
The group appeared for a formal bail hearing yesterday but the process was filled with drama as the Legal Aid lawyer who was representing 13 of the accused went absent without leave soon after consulting with them.
The 15 were arrested after a video showing an angry mob stoning and torturing Phuthuma went viral.
In court documents the state, which is opposing bail, argued for the offence to be a schedule 6 saying it was premeditated murder.
Following the disappearance of the lawyer, the court had to wait two hours for another lawyer to come and represent the 13, while the remaining two were represented by private lawyers.
The court was told that the absent lawyer, after consulting with the group, decided to go to a different court instead of returning to the bail hearing.
When the new lawyer was introduced by the defence a furious magistrate, Nolundi Mkwali gave him a tongue-lashing after he asked the court for three hours to start afresh with consultations.
He refused to proceed with the bail application without consulting his new clients.
The drama-filled exchange drew the ire of the crowd in the public gallery with many breaking into moans of disapproval while others mumbled among themselves.
The lawyer representing one of the accused asked the court to proceed because his client was missing out on exams.
The court adjourned at 1pm and after resuming at 2pm the court had to wait for the lawyer who had gone awol earlier to return. He only arrived 30 minutes after the court started.
Mkwali saw no point in starting with the proceedings and postponed the matter to today.
The court also heard that the consultations were late in starting because of a glitch in transporting the nine female accused from the East London Prison’s women section. — malibongwed@dispatch.co.za
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