Durban - Umhlanga doctor Genchen Rugnath and his wife, Ravina, face another hurdle in their fight to clear their names of prostitution and human trafficking charges.
On Tuesday the Durban Regional Court heard they had not yet obtained trial-related documents from their previous attorney, Anand Nepaul, who withdrew from the case last week.
They are charged along with Sandile Zweni, Nondumizo Dlamini and Bhabha Dubazani.
Nepaul cited an “irretrievable breakdown” in his relationship with the Rugnaths as the reason for his withdrawal and said there was a dispute concerning the payment of fees.
Contacted on Tuesday for comment, Nepaul said he was withholding documentary evidence, until the dispute was resolved and had advised other legal representatives, including their most recently appointed legal representative, advocate Jimmy Howse, not to take on the case without his consent as per the guidelines set down by the Law Society.
Nepaul said he was yet to be paid.
The couple have been represented by six different people since the case began in February last year.
Weighing up the different factors, magistrate Simphiwe Hlophe said if the trial was postponed child witnesses would have to remain in witness protection programmes for longer than anticipated and the Rugnaths’ co-accused would face prolonged incarceration while awaiting trial.
But to recruit another legal representative at such short notice would prejudice the Rugnaths, said Hlophe.
“Numbers are limited when it comes to criminal lawyers,” he said, “And it would not be possible to brief one today and expect him to be available by June.”
Hlophe agreed to set the trial down for September to accommodate Howse who is unavailable for the dates in June.
Zweni’s attorney, Mbuyiselo July, did not oppose the postponement in principle but, in light of the magistrate’s ruling, he is expected to bring forward a new bail application on behalf of his client.
The Mercury