Johannesburg - Radovan Krejcir’s last criminal trial went on for more than 140 days. And at the rate his murder trial is going, it looks like it may be another protracted court battle for the Czech fugitive.
Proceedings dragged to such an extent at the high court in Joburg on Wednesday that Krejcir fell asleep in the dock, and the case had to be postponed.
Krejcir, Siboniso Miya, Nkanyiso Mafunda, Siphiwe Memela and Borislavov Grigorov are charged with the 2013 murder of alleged Bedfordview drug dealer Sam Issa, who was gunned down in his Audi Q7. The trial, set to proceed at the beginning of this month, has been stalled for weeks by two applications.
The first was to have the heavy restraints removed from the accused, with a suggestion that presiding Judge Mihloti Msimeki recuse himself because he may have been unintentionally biased seeing the accused in chains and shackles. The argument took a few days, with judgment reserved. The second application, for the State to disclose further evidence to the defence, has continued for weeks.
A sick lawyer, prisoner transport problems and several dozen separate requests for further particulars from the defence has meant the application has technically been argued for about four court days since May 12.
The application began with Krejcir’s lawyer, Cliff Alexander, revealing an out-of-court request from the defence asking for the more than 70 particulars from the State.
However, the answers they received were considered unsatisfactory, with both Alexander and lawyer for the other four accused, SW van der Merwe, going through each request during the disclosure application.
Forensic evidence was apparently not disclosed, though the State said on Wednesday it never existed.
Cellphone data was outstanding, but by Wednesday it had been handed over to the defence.
Specifics in the conspiracy to rob and then murder Issa were also requested, but prosecutor Lawrence Gcaba has spent two days arguing that it could prejudice his case.
But as Gcaba was about to finish his reply to the application, Judge Msimeki pointed out Krejcir’s slumped frame.
“Accused number 4 is sleeping,” the judge told Alexander, as one officer from the large security force had Grigorov nudge Krejcir awake. Alexander has told the court many times that Krejcir’s lengthy commute from Zonderwater Prison meant the Czech had to be up early. Yesterday, he told the court his client was exhausted.
Judge Msimeki allowed proceedings to continue on Thursday. However, The Star understands a third application could once again prevent the trial from going ahead next week.
The Star