High court drama
The news of the country’s biggest criminal trial was broken by the Zululand Observer in October 2007
Formidable legal teams face
to face in one of SA’s
biggest criminal trials
Tension is high as the biggest criminal trial in South African history currently unfolds in the Pongola Circuit High Court. Among the country’s most wanted men, the 26 are on trial for charges relating, inter alia, to cash in transit heists, murder, armed robbery and hijacking. According to sources, the accused dock is littered with flamboyant characters. One of the accused is a cordon-bleu chef, one is the father of twins and ironically, one is a stand-up comedian in the making. News of the impending trial, also involving some suspected links to the notorious robbery at the Oliver Thambo International Airport, was first broken by the Zululand Observer shortly before the trial began in October 2007. The trial resumed in June 2008 and at the closing of the State’s case, a staggering 106 witnesses had testified for the State, including 83 expert witnesses.
Last trial
The case record reportedly already consists of tens of volumes of manuscripts.
The Honorable Justice Mr JH Combrink presides over the phenomenally lengthy trial, assisted by one assessor, Mr Ian Reid from Matubatuba.
A second assessor has died since the commencement of the trial, as did one of the accused.
It is believed that this may be the last trial for the well-respected veteran Judge Combrink and that he will retire from the bench after the mammoth task at hand.
Prosecutor Advocate Cyril Selepe, Deputy Director of Public Prosecution, is prosecuting the case, second-chaired by Advocate Richard Vusi Xaba.
Advocates for the defence are Adv H Frazer, Adv G Maree, Adv T Botha, Adv D Parmanant and Adv S Seedat, all appointed by the Legal Aid Board.
The formidable legal teams on both sides are battling out the fate of the accused.
Charges
The accused each face 33 charges including murder, attempted murder, armed robbery, possession of unlicensed fire-arm and ammunition, abduction, assault with the intent to do grievous bodily harm, theft of motor vehicle and assault.
The offences in question by law carry maximum sentences.
If convicted, the accused could face life imprisonment.
Some of the men were apprehended at the Mvoti Toll Plaza when members of the Richards Bay Organised Crime Unit, Flying Squad Empangeni and Flying Squad Durban combined efforts to take down the gang.
The prosecution is relying strongly on expert evidence, such as that of Thereza Botha, who has braved the witness stand and relentless cross-examination by the defence for several days.
Botha, employed under the Public Service Act Personnel as a Chief Administrations Clerk, in her evidence in chief, has linked most of the accused by means of cell phone analysis, plotting of the crime scene and tracing communication patterns from serving towers.
She could establish both the planning and execution phases of the crimes, which took place at Charter’s Creek and Penicuik on 2 October 2006.
Two Fidelity security and armed vehicles were rammed and capsized at the time of the incident.
A security guard from Maxim Security was also shot and killed at Penicuik. The continuing case, which may yet become one of the biggest criminal trials in South African history, is continuing with the evidence of the 14th accused.