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Peculiar proof of death in Nelspruit Magistrate’s Court

"I do have a photo of the man in a coffin at his funeral to prove that he died," - Attorney

The Nelspruit Magistrate’s Court was surprised by an unusual reason for an accused’s absence last week. It was averred that Mr Reginald Ubisi had died and apparently a photo of him in his coffin existed to prove it.

Ubisi was arrested along with Mr Joshe Lopez and Mr Sergio Mothambiso in the Kruger National Park on November 12 last year.

Lopez had attracted the attention of SANParks officials at the park’s Crocodile Bridge gate when he paid for three entrance permits although he had no passengers in his vehicle. When his car was spotted at Lower Sabie, there were two occupants with him. Park officials searched the vehicle and allegedly found weapons and ammunition in their possession.

The three men were charged with poaching-related crimes, but the case against them was withdrawn in the Nelspruit Magistrate’s Court last week. When only Lopez and Mothambiso showed up for their court appearance, the magistrate,  Mr André Geldenhuys queried Ubisi’s absence. “I heard that he passed on,” came the comment from his legal representative.

The two accused nodded – they had also heard the rumour. Geldenhuys asked whether this could be corroborated with evidence.

“Your worship, I don’t have a death certificate yet, but I do have a photo of the man in a coffin at his funeral to prove that he had died,” came the answer from Ubisi’s attorney.

The case against the two co-accused was withdrawn and confirmation (death certificate) of Ubisi’s death must still be provided as a photo of him in a coffin may not be sufficient to prove that he is indeed deceased.

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