‘My son won’t get a fair trial’

534-JP Malan and Maruschka Robins are accused of murdering Dustan Blom and abandoning his body in a car at Montain casino 26.03.2014 Picture:Dumisani Dube

534-JP Malan and Maruschka Robins are accused of murdering Dustan Blom and abandoning his body in a car at Montain casino 26.03.2014 Picture:Dumisani Dube

Published Nov 26, 2014

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Johannesburg - “My son must pay the price for whatever he did, but he deserves a fair trial.”

This is the plea of Joyce Davids, the mother of JP Malan. He and former stripper Maruschka Robinson are accused of murdering Dustan Blom, a father-of-two, and leaving his body in the boot of his car in the Montecasino parking lot in September last year.

Davids is convinced Legal Aid South Africa has no interest in her son’s case, with the shuffling of three lawyers and a lack of consultation from his new representative.

Malan and Robinson have been in custody since September last year, awaiting a trial that has seen numerous postponements.

When Malan first appeared at the Randburg Magistrate’s Court, he was represented by a private advocate, but because he and his family ran out of money, he applied for a Legal Aid lawyer.

Advocate Anton Lerm was brought onto the case. “He seemed genuinely interested.”

Lerm’s initial three-hour consultation ended with the assurance that the young man would be represented well, Davids said. But when Malan and Robinson’s trial was set to start last month, Lerm handed over the case to a colleague, Mmati Leoto. The trial was postponed to the end of October.

The case returned to the high court sitting at the Palm Ridge Magistrate’s Court on October 27, where, because of court roll complications, it was postponed to April.

When Davids was interviewed recently, she said Leoto had not consulted her son.

In her initial statement, Davids said: “To our shock, advocate Leoto stated she had come to see him, but that he was not there… Is it not absolutely impossible for a person behind bars to be ‘away from prison’?”

She was also shocked to learn from her son that Leoto had said she probably would not be representing him, implying a third Legal Aid lawyer would be taking on the case.

“It is a great concern that JP may not be given a fair, objective and reasonable trial – with all the evidence and circumstances properly examined and tested,” she wrote.

But while Davids is concerned about justice for her son, she understands how difficult her statement might be for Blom’s family to stomach.

“I trust that I do not diminish or disrespect the seriousness of JP’s involvement in this very sad case of the late Dustan Blom. I can also not claim to know what had happened with the deceased.

“I am merely a mother who believes that her son is not guilty of murder,” said Davids.

The regional operations executive for Legal Aid SA, Wilna Lambley, assured The Star that its representatives were experienced attorneys and advocates who familiarised themselves with the cases assigned to them.

She said Leoto was given the case because the trial was placed in the courtroom that the attorney has been assigned.

“Legal Aid SA aspire to ensure that our practitioners are allocated matters to ensure quality as well as optimal productivity. To achieve this, practitioners are allocated to a specific court and represent all the clients who are to appear in that court,” said Lambley.

She said Leoto knew the trial would not go ahead last month, which was why consultation was not yet required.

“Leoto… will consult with him fully and comprehensively before the pre-trial meeting.”

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The Star

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