Judge rejects bid to remove cops, postpones till Monday

31 July 2014 - 16:36 By Sapa
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Czech businessman Radovan Krejcir appears at the Palm Ridge Magistrate's Court on February 28, 2014, in Johannesburg, South Africa. File photo
Czech businessman Radovan Krejcir appears at the Palm Ridge Magistrate's Court on February 28, 2014, in Johannesburg, South Africa. File photo
Image: Gallo Images / Foto24 / Denzil Maregele

Judge Colin Lamont refused to have police officers removed from his court following a request by Czech fugitive Radovan Krejcir's lawyer, saying it would compromise security.

"Are you saying we must reduce the security in the court? There is no way security in this court is being reduced," Lamont said in the High Court in Johannesburg, sitting in Palm Ridge.

"You remember there was an incident with me. If you say security must be reduced, it won't happen easily," he said.

Annelene van den Heever, for Krejcir and his co-accused Desai Luphondo, had handed in a list of police tactical response team officers present during Luphondo's arrest.

She told the court those officers were witnesses and should not be in court when the statement taken from Luphondo during his arrest came under the spotlight.

Krejcir, Luphondo, Warrant Officers Samuel "Saddam" Maropeng and George Nthoroane, Jan Lefu Mofokeng, and Siboniso Miya face charges of kidnapping, attempted murder, and dealing in drugs. All have denied guilt.

Proceedings came to a halt just after midday when Luphondo pointed out the officers inside the court and some outside.

Van den Heever had claimed earlier on Thursday that Luphondo's original statement, taken during his arrest, was not made freely.

The State had asked for permission to bring an application for the admission of the bail records of some of the accused.

"We are objecting that it was not freely and voluntarily made. It was made under undue influence," Van den Heever said.

Earlier this week, Lamont raised concerns about security after the discovery of a bread knife in court.

On Wednesday, police spokesman Lt-Gen Solomon Makgale said security for Lamont had been increased when, while he was driving home, he heard a bang and realised his car window had cracked.

On Thursday another of Krejcir's lawyers, Piet du Plessis, told reporters they had met Lamont to discuss his security. Lamont had told them he did not believe the incident was related to the case.

"We have spoken to the judge and he is not alleging it was in any manner related to this case," Du Plessis said.

The State asked for time to consult new witnesses pointed out by one of the accused, Desai Luphondo.

Luphondo and his legal team listed members of the police tactical response team who were in court and said they were also present when he was arrested and a statement taken from him.

"A number of members offering protection have been identified as possible witnesses. I therefore request a postponement," prosecutor Louis Mashiane told the court.

"I need to consult with identified witnesses and I will have to consult with the investigating officer on others."

Mashiane said he needed Friday and Saturday to consult all the witnesses.

Luphondo's lawyers objected to the postponement. Annelene van den Heever, for Krejcir and Luphondo, told the court the State knew about the witnesses and that they would be called.

"He cannot say he did not know that Colonel Ximba would be a witness," she said.

Van den Heever said the postponements were costing her clients much money.

Judge Colin Lamont granted the postponement. He said the matter raised would require a change in security at the court. This would take time to do and the prosecution would need time to consult.

"I'm ruling that this matter stands down until Monday," he said.

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