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Maqubela case postponed again

NO MONEY: Thandi Sheryl Maqubela is charged with the murder of her husband.
NO MONEY: Thandi Sheryl Maqubela is charged with the murder of her husband.

THE murder trial of Thandi Sheryl Maqubela, widow of slain Western Cape High Court judge Patrick Maqubela, was postponed to October 31.

The case, scheduled to start yesterday, was postponed to allow newly appointed defence counsel Marius Broeksma time to prepare.

The case was postponed after a formal application launched by Broeksma, which was opposed by state prosecutors Bonnie Currie-Gamwo and Pedro van Wyk.

Johannesburg judge John Murphy has been seconded to Western Cape to preside in the trial, as none of the judges in the Western Cape High Court "want anything to do with the case", Judge-President John Hlophe said at a previous court appearance.

Maqubela and co-accused Vela Mabena are charged with the murder of her husband, who was found suffocated in his luxury Sea Point, Cape Town, apartment in June 2009.

Murphy ruled that the interests of justice required the postponement.

Broeksma earlier told the court he had only been appointed by Legal Aid authorities late last month and had consulted with Maqubela two days later. He said he needed time to peruse the investigation docket containing more than 700 pages. He also needed instructions from Maqubela on many aspects of the case because he would be in an "invidious position" if he were to cross-examine state witnesses without full instructions from her.

The state had not yet responded to his request for details of the testimony of expert witnesses it intended to call, he said.

Currie-Gamwo in turn urged the court to "look at the history" of the case. She said both accused had received the indictment last year and the case had been scheduled to run from April 11 to May 7 this year.

She said Maqubela had insisted on privately-funded defence teams, but could not afford them.

Her last counsel, Philip Higgo, had also withdrawn for financial reasons, but had at least fully briefed Broeksma.

In addition to the murder charge, Maqubela and Mabena face charges of forgery and fraud. Maqubela allegedly forged her husband's last will and fraudulently presented it to the office of the Master of the High Court. - Sapa

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