Maqubela acquittal bid fails

An application by Thandi Maqubela for her acquittal and discharge on a charge of murdering her husband, acting judge Patrick Maqubela, has been dismissed.

Marius Broeksma, for Maqubela, contended in the Western Cape High Court that the prosecution had not presented a "prima facie" case against her.

She, therefore, had no case to meet, he said on Thursday.

If the court agreed, it would have to return a verdict of not guilty.

A similar application was brought by her co-accused, business partner Vela Mabena, and was likewise dismissed.

In addition to the murder charge, Maqubela is also charged with forging her husband's will, and fraudulently presenting it at the office of the Master of the High Court.

Her application included her acquittal on this count also, but was also dismissed.

Patrick Maqubela was acting as a judge in the Western Cape High Court at the time of his death, in June 2009.

Judge John Murphy said he and assessor Danie Marais agreed they had to return a verdict of not guilty, if of the opinion that there was no evidence against either accused on which a reasonable person, acting cautiously, would convict them.

Murphy said the defence team, including attorney Randal Titus, for Mabena, contended correctly that the medical evidence on the cause of death was less than satisfactory. He said the evidence had failed to establish conclusively that the cause of death had been suffocation.

Prosecutors Bonnie Currie-Gamwo and Pedro van Wyk allege Maqubela was suffocated by placing cling wrap over his face. The defence claims the judge died from natural causes.

Murphy said the widow's motive for murdering her husband related to the breakdown of their marriage, and to expose his womanising to both the media and justice minister.

Broeksma contended the State had to prove the judge died from unnatural causes, the method used to kill him, and that Maqubela was a party to the cause of death. He contended the State had failed to prove any of this.

Currie-Gamwo conceded the entire case against both accused was circumstantial, but countered there was sufficient evidence before the court to at least put Maqubela and Mabena on their defence.

The trial continues on Tuesday, March 12.