Jon Qwelane, who said the constitution's acceptance of gay marriage would lead to "some idiot being allowed to marry an animal", is unlikely to ever face justice. That is the argument of the Psychological Association of SA, which has approached the Constitutional Court to argue that Qwelane's case should not have been postponed due to his deteriorating health.Eight years after Qwelane's homophobic comments in a Sunday Sun column, the case against him was to have finally begun on August 29.But, the day before his trial, Qwelane presented himself at a police station to make an affidavit regarding his ill health.A day later his lawyer Andrew Boerner successfully argued that Qwelane was severely ill and was not lucid enough for trial. He won a postponement.The psychological association said the judge, before granting the postponement, should have looked at alternatives such as portable oxygen at court, the presence of a nurse or allowing Qwelane to testify from home via Skype.As an amicus curiae (friend of the court), the association is furious because, in the months before his trial, Qwelane's lawyer never said anything about his ill health.Two medical specialists, paid by opposing legal teams, agreed that Qwelane was unlikely to recover from his lung and heart problems.The court action, which was scheduled to be heard for two weeks, is an unusual instance of two cases combined into one.In 2009 the SA Human Rights Commission lodged a complaint in the Equality Court against Qwelane's homophobic comments. In 2013 Qwelane filed a case that questioned the constitutionality of the Equality Act, which defines hate speech as "hurtful" - which he claimed was a broad and vague definition. After years of legal wrangling, the two cases were to be heard as one this year.The association said Qwelane had used "every trick in the book" to avoid having to account for his views. He never attended the first trial in the Equality Court in 2009.He opposed the judgment that ordered him to apologise to the gay and lesbian community and pay a fine. He appealed and won because he had not been present as he was South Africa's ambassador to Uganda.Boerner said the association "merely plays an advisory role in court [and] thus cannot oppose the postponement"...