Records lost, case adjourned

Khanyisile Nkosi

Khanyisile Nkosi

The case against Edward Kekana, right, who allegedly shot and killed three men in an road rage incident four years ago, has again been postponed, this time because court records have been lost.

Requesting the postponement, state advocate Hein van der Merwe told the Johannesburg high court yesterday that he could not proceed because he was still not in possession of the complete court records.

"The first portion is missing. The audio [recording] can't be found on the computer system," he told the court.

Van der Merwe, who took over the prosecution from Doc Baloyi, who resigned last year, said the situation was "beyond my control".

Since Van der Merwe took over the case, the trial has been adjourned on numerous occasions to enable him to obtain the complete court records.

Paul Shapiro, defending Kekana, said the delays in the trial had been a strain on his client.

Kekana, 36, of Sophiatown, Johannesburg, allegedly shot and killed Jan Daniel Verster, Anthony William Vicente and France Makhale Chiloane after they followed him to his sister's house in Unigray on July 312004.

Kekana told the court he had gone to Unigray to drop off his sister and her two three-year-old children.

A group of men, who had followed his car in a bakkie, approached him and complained about his driving.

He said the men accused him of driving his car with the headlights set on high beam.

An argument ensued and, in self defence, he shot the deceased, Kekana told the court.

Judge George Maluleke ruled that the trial be adjourned to March 22 for argument to be heard - with or without the missing court records.