Johannesburg - Police commissioner General Riah Phiyega has two weeks to fight a subpoena or else face a grilling by Radovan Krejcir’s lawyers about her involvement in his arrest.
Meanwhile, forensic investigator Paul O’Sullivan has filed papers seeking to interdict Krejcir’s defence team from going through his cellphone records, which they have already received from Vodacom.
Phiyega, O’Sullivan, crime intelligence boss Chris Ngcobo and Colonel Nkosana “Killer” Ximba were all subpoenaed by the Czech fugitive’s lawyers just over a week ago.
Krejcir’s advocate, Annelene van den Heever, said at the time that she wanted all documentation that led Phiyega to order the arrest of her client in November, failing which she wanted the national commissioner to take the stand.
On Monday in the South Gauteng High Court, sitting in the Palm Ridge Magistrate’s Court, an agreement was reached between Van den Heever and Phiyega’s advocate, Modise Khoza, that the latter will have until June 23 to file papers should he wish to oppose the subpoena.
Heads of argument from both sides need to be submitted to the court no later than July 14, with time before this to allow both sides to respond to each other’s arguments, before the trial resumes on July 21.
O’Sullivan’s advocate, Stephan du Toit SC, filed opposing papers on Monday and said Krejcir’s team had infringed on his client’s constitutional right to privacy by obtaining his cellphone records, which were delivered directly to the defence by the service provider.
Outside the court, however, Krejcir’s instructing attorney, Piet du Plessis, explained there was no issue of privacy around the defence having the records before the court decides whether it is admissible.
“It’s sealed and lodged with the registrar of the high court,” he said, adding they would not touch the records until given the green light by the court.
Krejcir’s kidnapping, attempted murder and drug dealing trial resumed after a week’s adjournment on Monday but had to break again due to the issues of the subpoenas and to allow two of Krejcir’s five co-accused to organise legal representation.
Sandton businessman and co-accused Desai Luphondo confirmed in court that he wished to continue with his advocate but needed to sell a property to keep his services.
Hawks officer Samuel Maruping said he wished to acquire the services of the advocate representing his fellow co-accused, Siboniso Miya.
Judge Colin Lamont warned both of them that they could have their bail revoked if they fail to appoint their lawyers or confirm Legal Aid South Africa representation and be ready when the trial resumes.
Luphondo and Maruping are out on bail in this matter, but Maruping was denied bail in another case now under way.