Metroblitz Sithole's bid to avoid jail fails

FORMER Orlando Pirates goal-poacher Mandla Sithole will start serving his sentence after failing in his bid to stay out of jail

Sithole, pictured, had applied for leave to appeal his 10-year sentence, saying he had not had a fair trial.

Dismissing the application yesterday, magistrate John Baloyi of the Roodepoort regional court said he was of the view that no other court would come to a different conclusion.

"My judgment covered most issues. I don't know where these baseless attacks by the defence - that there was interference - come from. The defence wants to create the impression that the court wanted to take over the work of the interpreters. It was not so," Baloyi said.

Sithole's lawyer, Jurg Huysamen, had argued that his client had not had a fair trial because Baloyi kept interrupting the interpreters.

He also argued that Baloyi would write down before evidence was interpreted, which led to contradictions between what Baloyi wrote and what the interpreters said.

Responding to this argument, Baloyi said: "I don't know if I should dismiss this as laughable or downright disrespectful . This is a classic example of contempt of court."

He said he could not sit and fold his arms when the interpretation was incorrect.

"The defence is being disingenuous. Contrary to what the defence said, if the court kept quiet, Mr Tsheole (as Sithole is now known) would not have had a fair trial," he said.

Sithole was sentenced to 10 years imprisonment for stabbing Thulani Ndlovu of Dobsonville, Soweto, to death on May 24 2009 after he failed to pay him back R100 he owed him.

Baloyi advised Sithole to petition the high court if he was not satisfied.

Ndlovu's sister, Bhekizizwe, said she was relieved that her brother's killer would serve his sentence.