Hearing on Mdluli’s application for discharge postponed for month

24 June 2016 - 15:46 By S'duduzo Dludla

Former crime intelligence head Richard Mdluli and his co-accused will wait a month before their application for a discharge can be heard. Judge Ratha Mokgoatlheng postponed the matter to July 25 after the defence was not ready to continue. Mdluli and Mthembeni Mthunzi appeared at the Johannesburg High Court sitting in Palm Ridge on Friday.Mdluli and former policeman Mthunzi face charges relating to the 1999 kidnapping and murder of Oupa Ramogibe‚ who was married to Mdluli’s former lover‚ Tshidi Buthelezi.The men are also accused of intimidation‚ assault with intent to do grievous bodily harm‚ kidnapping and defeating the ends of justice.They have pleaded not guilty to all charges.Earlier both Mdluli and Mthunzi's defence councillors had indicated they would lodge an application for a discharge in terms of section 174 of the Criminal Procedure Act.According to the act‚ “if‚ at the close of the case for the prosecution at any trial‚ the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge‚ or any offence of which he may be convicted on the charge‚ it may return a verdict of not guilty”.But both counsel were not ready to proceed and the matter was postponed.Charges against Mdluli were withdrawn in 2012‚ but reinstated in 2014 after lobby group Freedom Under Law successfully challenged the National Prosecuting Authority’s decision to drop the charges.The trial started on June 1 last year and ran for several weeks before being postponed in September‚ resuming in January this year..

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