Johannesburg - Correctional services nurse Matsatsi Mkgapela, who was called as a witness by Czech fugitive Rodovan Krejcir, told the south Gauteng High Court on Monday that she only knew of the accused’s “depression”.
Krejcir was representing himself after he fired his defence lawyer, attorney Nardus Grove, citing “several reasons”, including his alleged failure to request Judge Colin Lamont to recuse himself for alleged bias, unfairness, lack of objectiveness and allegedly being part of a conspiracy against the Czech fugitive.
After he fired his lawyer, Krejcir made an application to Judge Lamont asking him to recuse himself. His bid was, however, unsuccessful.
Judge Lamont later established some of Krejcir’s personal circumstances such as his age, marital status and family responsibilities. Krejcir, 47, said he has been married for 25 years and has two sons – a six-year-old and a married 23-year-old, who does not work as he is studying. Krejcir also told the court that he had an economics degree obtained from a university in his home country, Czechoslovakia.
Although Krejcir had requested a postponement, insisting that he needed a psychiatrist and an interpreter, the court resumed sentencing procedures after the tea break.
Krecjir, who was convicted in October 2015 of kidnapping, attempted murder and attempted drug dealing, earlier claimed he had been tortured while behind bars. He said he had had to spend two years in prison and was keen to have this matter concluded.
“Do you know what’s wrong with Mr Krejcir?” Judge Colin Lamont asked the nurse when the court resumed.
“No, all I know is that he has depression,” replied Mkgapela.
Mkgapela said she didn’t remember the exact day when she first met Krejcir, but she definitely remembered seeing him.
“Sister do you have my medical file?” asked Krejcir. “It’s at the hospital,” responded Mkgapela.
Krejcir then said he wasn’t able to continue his evidence in mitigation without the file. Krejcir said that he had had several panic attacks and was attended to, but Mkgapela said she didn’t recall being called directly – but that she had been told by other nurses.
Krejcir then asked the nurse if she knew what medication he was on. Mkgapela said she could not answer the question as she had not prepared to give any evidence in court.
Lamont asked what Krejcir was being treated for and Mkgapela said the accused was on psychiatric medication.
Krejcir listed the names of the medication he was taking, to which Mkgapela concurred.
Lamont then asked Krejcir how many people would be affected by 25 kilograms of drugs.
Krejcir said that he didn’t deal with drugs and didn’t know about them.
In October 2015 Judge Lamont found Krejcir and his co-accused guilty of involvement in the kidnap and torture of Bheki Lukhele, whose brother, Doctor, had allegedly disappeared with 25kg of tik. Doctor worked at a cargo company at OR Tambo International Airport.
Krejcir asked Judge Lamont for help with issuing a subpoena to the heads of Kokstad Maximum Prison and the Zonderwater Prison, whom he intended to call as witnesses.
However, Lamont told Krejcir that he wouldn’t be granting a court order for him to call the people whom he wanted present in court and said it was his responsibility to make sure that they were in court on Tuesday.
Later Anneline Van Der Heever, who was representing Desai Luphondo, as well as Johan Spangenberg who was representing the other four accused, addressed the court regarding pre-sentencing reports.
Spangenberg was then asked to begin with the pre-sentencing arguments for the four co-accused that he was representing.
Spangenberg listed the charges that Warrant Officer Samuel Maropeng, Jan Mofokeng, Siboniso Miya and George Nthoroane were facing.
“There is no evidence that accused three, four and six were present at the safe house.”
Spangenberg stated that his submission was that there was no evidence that they were directly involved in Lukhele’s kidnapping, basically they didn’t restrain him themselves.
“The act of pouring boiling water on Lukhele was a spur of the moment thing,” he said.
The injuries sustained by Lukhele were not life threatening and that he even delayed treating his wounds for some time.
“He wasn’t hospitalised and it seems he has recovered completely.”
Spangenberg stated that his last submission was that Lamont should take into consideration that the men were in custody for six weeks after they were detained and had been in jail for six months since their conviction.
He added that Miya was acting on instruction and wasn’t involved in the drug dealing before the Lukhele matter.
Sentencing proceedings continue.
ANA
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