Johannesburg - Radovan Krejcir’s sentencing proceedings were postponed on Tuesday for the fifth time – leaving the judge furious as he laid the blame for the latest delay squarely on the State.
Judge Colin Lamont grew increasingly agitated when it became obvious in the high court in Joburg’s courtroom 6E that he would have no choice but to postpone sentencing until next year.
Judge Lamont had made it clear at Krejcir’s last appearance last month that only a catastrophe would stop him from going ahead with sentencing, mentioning the concern around safety that the court had to deal with.
On Tuesday, more than 20 Tactical Response Team police officers stood in court armed with high-velocity rifles. Everyone entering the court was searched and all cellphones were switched off. Parts of Kruis Street next to the court were cordoned off.
Two police Nyalas were stationed outside the building to thwart any attempts by Krejcir to escape. One court official remarked that the last case where security had been this tight was during the rape trial in 2006 against President Jacob Zuma.
Krejcir, Sandton businessman Desai Luphondo, Siboniso Miya and Germiston organised-crime police officers Samuel Maruping, Jeff Nthoroane and Lefu Mofokeng were found guilty of kidnapping.
They were also found guilty of attempted murder, except Nthoroane, who was found guilty of common assault. Luphondo was also found guilty on the drug dealing charge while Krejcir and Miya were found guilty of attempted drug possession.
The group were involved in the kidnapping of Bhekithemba Lukhele, whose brother Bhekisizwe Doctor Nkosi had stolen and fled with a large supply of crystal meth worth millions of rand from Krejcir.
The day started with the attorney for Krejcir, Nardus Grové, asking for a postponement. He listed two reasons: he needed Krejcir’s medical records, which the State had not given them, and Krejcir couldn’t secure an attorney as a woman who had received funds from Krejcir’s mother to pay for his legal fees had been arrested and the money frozen.
Two weeks ago, police arrested Pushpaveni Naidoo, who had received R600 000 from Krejcir’s mother, Nadezda Krejcirova. Grové said all charges had been dropped against her. Because the funds had been released only last Friday, after an urgent court application by him, they couldn’t get Krejcir a new attorney.
Grové said the investigating officer, Captain Freddy Ramuhala, had promised the funds would be released when asked by Judge Lamont why he had waited until Friday to launch the urgent application.
It was also revealed by attorneys for the other accused that most of them had not received pre-sentencing reports from the State, which they needed in order to proceed with sentencing arguments.
Prosecutor Louis Mashiane handed it to them then and there.
Judge Lamont rolled his eyes and rubbed his hands over his face in frustration when Mashiane said Krejcir was trying to waste time.
“How can you say that? Is he not entitled to obtain his medical records? Is he not entitled to a postponement? Why didn’t you prepare your case?” Judge Lamont asked. The judge then asked why the investigating officer had frozen the funds and delayed releasing them until the last minute, ensuring Krejcir wouldn’t have an attorney to represent him.
“Is this the same investigating officer Captain Ramuhala that I gave an extensive judgment which essentially said he should not be a policeman because of his actions?” Judge Lamont asked.
“That’s Colonel Ramuhala,” said Mashiane
“Colonel? So, he has been promoted. Who promoted him?” Judge Lamont asked, to which Mashiane replied: “The commissioner of police.”
“Which one?” Judge Lamont asked.
“Riah Phiyega,” Mashiane said.
Judge Lamont rolled his eyes before asking whether senior police officers should stop an accused person from having legal representation.
“I am not running a trial piecemeal. That’s not how a high court trial should be run,” Judge Lamont said to Mashiane’s request that the case go ahead the same day.
Mashiane then defended Ramuhala, saying he had not been the investigating officer in the arrest of Naidoo and the freezing of the funds.
“Colonel Ramuhala is being dragged into this matter as if he is obstructing the accused, which is not true,” he said.
Sentencing was postponed to February 22.
The Star
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