Port Elizabeth - Six men who allegedly tortured a Port Elizabeth man to death may be let off the hook if an intended application for a stay of prosecution is successful at the Port Elizabeth High Court.
Essentially the men will ask the court that the National Prosecuting Authority (NPA) not charge them again because there was an unreasonable delay in the prosecution of the case.
During court proceedings on Thursday, defence Advocate Jodene Coertzen, indicated that she would bring an application on behalf of Khangelani Matebe, Luyanda Nkolose, Mzuvukile Foli, Fuzile Kosana, Athenkosi Mtshayisa and Fundile Nqwensu.
All six men have been in custody shortly after Floris Kruger's murder in August 2010. The men allegedly armed with knives broke into and ransacked Kruger's home on a small holding at St Albans before beating him throughout the night.
Kruger was brutally attacked and eventually died as a result of his injuries. He was discovered on a gravel road and had sustained knife wounds to his arms and back.
Post mortem results indicated that the cause of his death was determined to be gunshot wounds to his head. At the initial trial both the defence and State had closed their cases, and the six men were waiting for Judge Bonisile Sandi to deliver his verdict.
However, Sandi died earlier this year and the trial had to start from scratch. The fresh trial got underway earlier this week, but the men have been defiant, most of them refusing to plead for the second time round.
Earlier this week, some of the accused also refused to come out of the holding cells. The six face charges of murder, kidnapping, housebreaking, robbery and unlawful possession of firearm and ammunition.
The case was postponed until September 7 for argument on the application.