Durban — Julio Nobrega, accused of the murder of his neighbour, a South African Navy veteran whose body was found six months after he was killed, will go on trial alone as his co-accused has died while in hospital after an illness.
Ken Price, 74, who lived alone in Malvern was killed in November 2021. He was reported missing by his family in December, and police investigations led to the discovery of his decomposing body in Richards Bay in May the following year.
The pensioner’s neighbour Julio Nobrega and his employee Nathan Padayachee were charged with his murder.
On Thursday Nobrega who is out on bail of R5 000 appeared alone in the Durban High Court, where it emerged that Padayachee who was Nobrega’s employee died in August.
It was said in court that Nobrega would now be represented by attorney Ben Dlamini after J Botha withdrew as his legal representative.
Attorney Nyameko Jodwana was in court on behalf of Dlamini who did not attend as he was in Pietermaritzburg.
Botha’s withdrawal came as the matter was in the process of a pre-trial which was not completed. Senior State prosecutor advocate Shah indicated that discoveries (documentation in relation to the case) had been received by Nobrega’s new attorney.
Asked whether he was in a position to answer questions on the pre-trial by Judge Nompumelelo Radebe, Jodwana said he was not in a position to do so adding that he was just standing in for Dlamini on that day only.
“I need to know how many witnesses you will be calling. In future when you stand in for someone you must be able to answer these questions as these are necessities of a pretrial … An advocate can instruct an attorney, but an attorney cannot instruct another attorney in the high court,” said Radebe.
She also said the date that Jodwana said Dlamini would be available on, December 7, was not suitable for the court.
“That’s during recess time and criminal courts don’t sit. So this matter is adjourned to January 22, 2024, for a pretrial,” she said.
Nobrega had a panel-beating business that he was running from his home.
It is alleged that for some time before Price’s murder, Nobrega had suspected the pensioner of reporting his panel-beating activities to authorities.
Furthermore, in November of 2021, Price had invited Nobrega over to his home for a braai, Nobrega arrived with Padayachee as well as his other employees.
Price became intoxicated at the braai and the accused helped him get inside his house following which they went back to Nobrega’s house.
That is where it is alleged that they decided and conspired to rob and kill the pensioner.
It is alleged that Nobrega handed Padayachee a hammer with which to kill Price.
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