Johannesburg - Radovan Krejcir’s legal team has called on the Supreme Court of Appeal (SCA) to overturn his first criminal conviction, though it’s not yet clear if the appellate court will hear the case.
Krejcir and four co-accused are on trial for the murder of alleged Bedfordview kingpin Sam Issa in 2013, but Monday’s proceedings in the high court in Joburg were postponed because one of the group’s lawyer was ill.
However, the appeal application launched on Monday concerns Krejcir’s conviction from last year, when he was found guilty of attempted drug dealing, attempted murder and kidnapping.
Krejcir and five co-accused were found guilty of the kidnap and torture of Bhekithemba Lukhele, whose brother Bhekisizwe Nkosi had stolen and fled with a large supply of crystal meth from Krejcir.
Judge Collin Lamont pulled no punches in his judgment, and during sentencing proceedings in February, forced Krejcir to represent himself as his lawyers were then unavailable. Krejcir was sentenced to an effective 35 years in prison, and upon his lawyers requesting the opportunity to appeal the sentencing and conviction, Judge Lamont refused the application.
On Monday, Krejcir's attorney James Grant submitted an affidavit to the SCA that Krejcir should have the opportunity to appeal. The affidavit suggests that Judge Lamont convicted Krejcir on limited evidence that would not have been enough to pass the test of criminal liability.
Krejcir’s legal team will argue that the State’s evidence was too weak for a conviction on the three charges.
In Krejcir’s leave to appeal application before Judge Lamont earlier this year, Krejcir’s attorney, Cliff Alexander, said he believed Krejcir’s constitutional rights had been violated by not being allowed access to a lawyer and being forced to represent himself.
It’s understood that attacking the judge’s conduct is not a focal point of the appeal application.
The Star