Johannesburg - Radovan Krejcir’s lawyer faces arrest for allegedly refusing to appear in court to answer questions relating to her representing Zimbabwean debt collector Phumlani Ncube – one of the people the Czech fugitive is accused of killing.
The Star has reliably learnt that a warrant of arrest has been issued for advocate Annelene van den Heever for being in contempt of court.
News of her imminent arrest comes as Krejcir’s trial was due to start this week in the high court sitting in Palm Ridge.
He is expected to appear along with his seven co-accused for the murder of Ncube, and conspiracy to murder forensic investigator Paul O’Sullivan and top cop Colonel Nkosana “Killer” Ximba. It is now unclear who will represent Krejcir.
According to the indictment for the trial of Krejcir, Sibonisa Miya, Welcome Mafunda, Nandi Nkosi, Siphiwe Memela, Luybomir Grigorov, Owen Serero and Zodumo Biyela are being charged with conspiracy to commit murder, kidnapping, murder, unlawful possession of a firearm, unlawful possession of ammunition, conspiracy to commit murder, robbery with aggravating circumstances and theft.
The trial comes just a week after the Department of Correctional Services foiled a dramatic plot by Krejcir to escape from Zonderwater Prison. A firearm and cellphones were discovered in his cell.
Van den Heever’s imminent arrest was confirmed by police spokesman Lieutenant-General Solomon Makgale, who said she was representing Ncube when he was killed in 2013. Makgale said Van den Heever’s conduct in representing the man who is accused of murdering her former client was questionable.
“Advocate Annelene van den Heever’s conduct in as far as this matter is concerned is very worrisome. Depending on how this matter unfolds, we will have no option but to raise with the Bar our concerns regarding her conduct.
“The issue now is that Annelene is representing the people who are accused of killing her client (Ncube). She has known this for more than a year. We have asked her for a statement to tell us who told her about Ncube’s whereabouts,” Makgale said.
Ncube had been arrested for various cash-in-transit robberies, according to Makgale. His bullet-riddled body was found dumped in a field near a farm in Heidelberg in July 2013.
“It is alleged that Sergeant Nandi Nkosi, among other things, informed Krejcir that Ncube was collaborating with the police. Ncube disappeared and was later discovered dead,” Makgale said.
He said one of Ncube’s relatives had alleged that Van den Heever told them she had phoned someone who indicated that Ncube was in police custody.
Makgale said the police had subpoenaed Van den Heever either to appear in the Alexandra Magistrate’s Court or disclose to the police the information, but she refused. He said Van den Heever went to court in August to oppose the application, but the advocate she appeared with said he had been sleeping and only got a call in the morning to represent her.
Postponement was granted to last Thursday, but Van den Heever did not appear and a warrant of arrest was issued for contempt of court. Van den Heever said she had a good reason for not being in court. She had undergone serious knee surgery last month involving the reconstruction of ligaments.
“Against the doctor’s orders, I returned to work too early and caused myself further injury,” she said.
She was in pain and asked her attorney to appear on Friday for her to explain why she couldn’t be present, but when she appeared, she realised the case had actually been the day before, she said.
“This mistake was common to us both and explains why a warrant was apparently issued on October 1, 2015. I would not have been able to attend because of my doctor’s orders. My attorney explained the matter to the presiding magistrate, who expressed her understanding and postponed the matter to October 16,” Van den Heever said.
The Star