Delaying Vusimusi ‘Cat’ Matlala’s trial prejudicing my client: lawyer

The trial-within-a-trial in the case against alleged underworld figure Vusimusi “Cat” Matlala and his co-accused was postponed on Tuesday after the state said it was unable to call its next witnesses.

The state revealed this shortly after tactical response team officer Lt-Col Tumelo Tsotetsi completed his testimony.

Tsotetsi concluded several days of evidence during which the defence counsel repeatedly confronted him over differences between his version and that of fellow state witness Capt Phimi Sekgobela regarding the 2024 arrest of Matlala’s co-accused Musa Kekana.

He was arrested after the murder of Vereeniging engineer Armand Swart.

Kekana, Matlala, his wife Tsakane Matlala, Tiego Floyd Mabusela and his daughter Nthabiseng Nzama and Kekana are facing 25 charges including money laundering, conspiracy to commit murder and attempted murder.

Under cross-examination by Kekana’s lawyer Riaan Gissing, Tsotetsi was questioned about why the statement he made two days after the arrest omitted any reference to Sekgobela informing Kekana of his constitutional rights.

Tsotetsi acknowledged the omission but maintained the rights had been explained verbally.

“I did not include it in my statement that he explained the rights, but as a person who was there next to him when he was doing it, I know he explained the rights,” he said.

Gissing argued that such an important detail would have appeared in the statement if it had happened. Tsotetsi responded that constitutional rights are explained verbally at the scene before written notices are completed later at a police station.

Proceedings then shifted to the state’s application for a postponement after prosecutor Elize le Roux said the state could not proceed because a paramedic who treated Kekana was dealing with a family emergency.

Le Roux also said they had to consult Dr Paniker, who treated Kekana, before deciding whether to call her to court.

It was revealed in court that Kekana had fallen ill after his arrest and was coughing blood. An ambulance had to be called.

Gissing asked that the matter be postponed until the end of August, arguing the defence needed to consult its own medical expert before any evidence from Dr Paniker could be heard.

However, Matlala’s lawyer Anneline van der Heever told the court the continued delays were prejudicing her client and his wife.

“We have already placed on record the prejudice suffered by this matter not continuing, and we again reiterate there’s a continuous prejudice suffered by accused number three and accused number four by this matter not continuing,” she said.

She also questioned why no alternative witnesses had been subpoenaed despite the court previously ordering the trial to continue this week.

“I get the impression that neither the medical evidence, either by the medic or Dr Paniker or any other doctors, were subpoenaed during this time period,” she said.

“This is a very difficult situation. We will deal with the issue of our clients’ rights to a speedy trial constantly being infringed at the appropriate time. However, at this stage I am assuming we have no option but to agree to a postponement.”

The judge granted the application and postponed the trial-within-a-trial to August 31.

Sowetan