Krejcir case postponed over cellphone records
Wednesday's proceedings were mired in an application to recall a witness, Peter Msimango, and for the release of the records of six cell numbers believed to be associated with him from MTN, Vodacom and Cell C.
The defence hopes that the records will disprove some of the claims that Krejcir ordered the kidnap and torture of a man whose brother had allegedly disappeared with 25kg of the drug tik.
Judge Colin Lamont acceded to the cellphone and Msimango recall request, but refused an application by Krejcir and another of the accused that Lamont subpoena senior police official General Vineshkumar Moonoo, Colonel Nkosana ''Killer'' Ximba, Constable Phumi Phiri, former policeman Kaizer Nkosi and Constable Vusi Mboweni.
Their counsel Annelene van den Heever made the application in terms of Section 186 of the Criminal Procedure Act (CPA) and submitted that Moonoo had opened, and then closed a particular docket on the grounds that it was false.
‘Onus on the State to prove guilt’
He and the others could provide further information on the allegations made against the accused, she submitted.
''It turns on the rights of an accused to have a fair trial,'' she said to Lamont. ''There is an onus on the State to prove the guilt of the accused, not an onus on the accused to go out of its way to prove its innocence.''
Lamont grilled her on what she thought they might say, and asked why she did not call them herself.
''Your lordship is expecting me to call a policeman that is most probably involved in the commission of a crime, that doesn't want to talk to me, as if I have got an onus to prove something,'' replied Van den Heever.
Lamont said it would be highly defamatory to accuse someone of that.
Prosecutor Louis Mashiane said he was offended by the insinuations, and opposed the application.
Lamont was also not happy with Van den Heever being unable to say what they might say if he subpoenaed them.
Another application for discharge
After Lamont had refused the request, the case was adjourned until Friday and counsel for the defence were heard arranging the requested cell phone records which have to be submitted to the registrar and counsel on Thursday.
They have to contact the various cellphone service providers, notify them of Lamont's order, and then have them sent to the registrar and counsel.
Van den Heever is expected to make another application, in terms of Section 174 of the CPA for the case to be discharged.
The accused who were out on bail, were given the same terms. Krejcir is currently in custody.
If the discharge application fails, the defence will start producing witnesses, probably from next week.
Author: News24
NewsWire ID: 3228
File photo: Gallo images