Apartheid-era sergeant Joao Roderiques, in the dock for the 1971 murder of Struggle activist Ahmed Timol, has been warned against attempting to delay his trial.
Judge Ramarumo Monama said at the South Gauteng High Court yesterday the trial would not commence because the defence team intended to bring a second application that should be heard first.
This is an application for further details of the charges against Roderiques, the judge said. It was in addition to the permanent stay of prosecution application Roderiques had made.
Phindi Mjonondwane, spokesperson for the National Prosecuting Authority (NPA), said the latest application was brought while prosecutors were preparing to reply to the one intended to see Roderiques escape prosecution.
Roderiques is facing a count of murder and another for defeating the ends of justice.
Ahmed Timol’s nephew Imtiaz Cajee. Dimpho Maja/African News Agency (ANA)
Delays should be avoided in the trial of the 80-year-old Roderiques, Judge Monama said.
“Whatever application you intend to bring must be brought on or before close of business October 19, 2018, Friday. And that application must be exhaustive.
“I’m not going to allow piecemeal delaying tactics to delay the commencement of this trial.
“What I want to be understood in this matter is that that application must include all the grounds that the applicant relies on.”
Judge Billy Mothle ruled at the North Gauteng High Court that Roderiques should be prosecuted for Timol’s death.
Roderiques was one of the officers who were present when Timol “plunged” to his death from the 10th floor of the then John Vorster Square.
Both the NPA and Timol’s family welcomed the judge’s tough talk against tactics that could delay the trial.
“We’re glad that Judge Monama has been very assertive and given Roderiques’ legal team a time frame that they must submit their papers by this coming Friday,” Timol’s nephew Imtiaz Cajee said. The NPA wanted the case heard and concluded as soon as possible, Mjonondwane said.
“As we all know, this is a matter that happened a long time ago. The family need closure,” she said.
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