DJ Donald's self-defence claim concerns judge

11 September 2015 - 17:57 By Roxanne Henderson

Former radio DJ Donald Sebolai's defence for his role in his girlfriend's death appears to have hit a snag. Judge Cassim Moosa asked defence advocate Thabang Mathopo to explain in what way Sebolai's case rests on self-defence when he also says Flavia Rachel “Dolly” Tshabalala accidentally stabbed herself.Sebolai‚ 38‚ also known as “DJ Donald Duck”‚ is on trial in the Johannesburg High Court‚ sitting at the Palm Ridge Magistrate's Court southeast of Johannesburg‚ where closing arguments by the prosecution and defence were heard on Friday.Prosecutor Elize le Roux argued that Sebolai intentionally murdered Tshabalala‚ 32‚ after the couple had a fight at his Soweto flat in June last year.Sebolai‚ who pleaded not guilty‚ claimed that Tshabalala attacked him with a knife on the morning of her death and that she was injured as he tried to fend her off.“So‚ where did he act in self-defence?” Moosa asked‚ saying that this was an anomaly in the defence that has concerned the court since the beginning of the trial.Mathopo conceded that the defence was flawed in that aspect‚ but argued that Sebolai's claim of self-defence was based the DJ's belief that Tshabalala would not have died if he had not pulled the knife that killed her away from her as they struggled.He said that Sebolai partly blames himself for Tshabalala's death.Moosa also asked the defence to explain why Sebolai suffered from “extreme amnesia” when trying to remember what transpired at the critical moment of Tshabalala's injury‚ but could remember with clarity the events before and after‚ as well as why he failed to seek help.Mathopo argued that Sebolai had experienced great trauma and that he could not be expected to act as a reasonable person might have under the circumstances.Moosa wanted to know why Sebolai was too traumatised to act if he had not caused Tshabalala's death‚ reiterating that one would have expected him to seek help right away.Earlier‚ Le Roux argued that Sebolai wanted Tshabalala to die because she was a burden and an embarrassment. Tshabalala's death was consistent with the couple's tumultuous relationship which was subject to a “constant pattern of physical violence and verbal abuse”‚ she said.Le Roux said Sebolai's version of events was “bizarre” and “untruthful”.She said that Tshabalala's death could not have been accidental because the fatal wound to her pubic bone was too severeShe questioned why Sebolai “took her [Tshabalala's] gown and started wiping the floor” moments after she was stabbed instead of taking her to a hospital that was 900 metres away.“He did foresee her death [and did not save her]‚” Le Roux said.Moosa asked Le Roux how she reconciled the allegation that Sebolai and Tshabalala had “threesomes” with Tshabalala's best friend‚ Nonhlanhla Mkhize‚ with Sebolai telling the court that Tshabalala was a jealous woman.Le Roux said that the alleged sexual encounters were not relevant to the case and that it was only raised by the defence to discredit and embarrass a state witness.She also said that Sebolai's account of his bewildered wandering through the streets of Soweto for nine says before his arrest was a fabrication‚ arguing that he was in fact weighing up his options and considering fleeing to Botswana where he has relatives.Mathopo argued‚ however‚ that Sebolai had no plans to flee because he never left Soweto. “The incident happened in Soweto‚ he wandered around Soweto [for nine days] and was [arrested] in Soweto‚” he said.Moosa is expected to deliver his judgment next month.-RDM News Wire..

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