Trial within a trial in Krejcir caseComment on this story
Johannesburg - The trial of Czech fugitive Radovan Krejcir and five others was postponed on Monday for more than a month in the High Court in Johannesburg, sitting in Palm Ridge.
Some of the accused still needed to sort out their legal representation, and some papers still had to be filed.
National police commissioner Riah Phiyega, detective Colonel Nkosana “Killer' Ximba, crime intelligence boss Chris Ngcobo, as well as forensic investigator Paul O'Sullivan have until June 23 to file papers on why they were challenging subpoena's served on them by Krejcir's lawyers.
Arguments on the subpoena's would finally be heard when court resumed on July 21.
Phiyega was required to produce all documentation which led to her reportedly ordering the arrest of Krejcir and one of his co-accused, Desai Luphondo, in November last year.
The subpoena served on O'Sullivan, who is alleged to have assisted police in their investigation, required him to produce all documentation linked to his investigation.
His cellphone provider was subpoenaed to provide all his call and text records from June last year to February 2014 and it had done so.
O'Sullivan's lawyer, Stephen du Toit, was in court on Monday to oppose the notion of the court being in possession or even seeing those records.
Judge Collin Lamont said he could not allow Du Toit to argue the matter until all the accused had secured lawyers.
The records would remain sealed and inaccessible until he had heard argument and ruled on the matter.
Krejcir, Luphondo, Warrant Officers Samuel “Saddam” Maropeng and George Nthoroane, and Jan Lefu Mofokeng and Siboniso Miya face charges of kidnapping, attempted murder, and dealing in drugs.
They allegedly kidnapped Bheki Lukhele from his Katlehong home in June last year.
He testified about how he was bound, blindfolded, assaulted and had boiling water poured all over him Ä allegedly by Krejcir Ä in a bid for him to reveal the whereabouts of his brother Doctor.
Doctor had allegedly disappeared with 25kg of tik (methamphetamine) which he had been tasked to transport to Australia, allegedly for Krejcir.
All the accused have denied involvement in the matter.
Ximba's name has repeatedly come up in the trial with two State witness admitting to being friends with him.
He was also issued a subpoena, ordering him to produce cellphone records as well his vehicle tracking records and that of his driver.
Ngcobo had to produce records taken from tracking devices of the East Rand organised crime unit's fleet of cars.
He would need to provide information on which of his officers were using them in June last year, when Lukhele was allegedly kidnapped and assaulted.
Luphondo, who was still sorting out his legal issues, was instructed to get his assets sorted and either continue with his lawyer Andre Steenkamp or liase with the Legal Aid board by July 8.
This was added as part of his bail conditions.
Maropeng, who had also dropped his lawyer, had approached Nardus Grove to represent him in the case.
Grove was representing Miya.
Maropeng needed to decide by July 8 whether he would be using Grove's services.
Maropeng was currently detained in Krugersdorp.
He indicated on Monday that he was not comfortable in that prison as he had worked in that region.
Lamont said he did not have the authority to order that Maropeng be moved but he would make a request to authorities to move him elsewhere.
Nthoroane and Mofokeng had appointed lawyer Cornelia Pleho to represent them.
The matter would continue on July 21.