Mon May 20 16:03:00 SAST 2013
Mon May 20 16:03:00 SAST 2013

Jaca will not get fair trial, lawyer tells court

Oct 11, 2012 | Sapa | 0 comments

SUSPENDED Tshwane metro deputy police chief Ndumiso Jaca would not get a fair trial, the Pretoria Magistrate's Court heard.

Andre Steenkamp, for Jaca, told the court he had insufficient information relating to fraud and other charges against his client.

This was not rectified by a compelling order issued by magistrate Graham Travers in May for the information to be supplied.

"If the trial proceeds on the basis of the insufficient information that we have, the accused suffers prejudice," he said.

"The information given, even after the compelling order of this court, is void and nonsensical."

In May, the magistrate ordered the state to reveal further information relating to the charges against the beleaguered Tshwane metro police boss.

At the time, prosecutor Heinrich Scholtz said the request for further particulars by the defence was a move "to entrap the prosecution into a certain line of argument".

The issue around the submission of "further particulars" sparked a long debate in court.

Yesterday, Steenkamp appealed to the court to quash all charges against Jaca.

"We cannot defend ourselves (in the trial). We cannot prepare to defend ourselves sufficiently on the basis of the information we have."

"This court established that the information requested was relevant to the trial and issued the compelling order."

The 11 charges Jaca faces includes fraud and driving a vehicle with unregistered, false number plates and police lights.

During a previous court appearance, Steenkamp asked for a postponement to enable him to draft the application to have the charges "quashed".

At the time, Scholtz told the court the state would oppose the application.

Jaca was charged in March following a radio news report alleging that he was driving a BMW Z4 with false number plates and police lights.

He was also allegedly seen on a Harley Davidson motorbike with the same number plates - Balty GP.

The Tshwane metro announced in January that Jaca's three-month-long special leave, which began in October, had been extended.

Comments

Mon May 20 16:03:00 SAST 2013 ::


No comments have been added.

Your Subscription

The SowetanLIVE Network