Update: To Thulamahase for M(a)hala
In what came as a shock to many, the application by alleged smuggling kingpin, Joseph Nyalungu, to have his trial transferred to the Lowveld has been successful.
The finding by the president of the regional court to move the trial to Mhala Magistrate’s Court in Thulamahashe, between Hazyview and Hoedspruit, is viewed by many as a further unnecessary delay to the court proceedings which has been dragging on since 2011.
Nyalungu first appeared in the Middelburg court when he was arrested in 2011 with Conrad Nkuna on the N4 freeway.
Nyalungu, an ex-policeman, and Nkuna, at that time still a constable with the South African Police Service, was allegedly found in possession of millions of Rand in cash.
Tests on their vehicle revealed DNA belonging to two rhinos poached in the Kruger National Park.
As the investigation progressed, more and more accused have been added to the list.
The 13 people taking the stand collectively face a whopping 76 charges that read like the scene out of a mafia movie.
These include the illegal hunting, cutting or chopping, conveying of and dealing in protected species.
When the trial eventually starts, the state will attempt to paint a dark picture with Nyalungu as head of a well organized and wide-spread rhino horn smuggling syndicate which includes then policeman Nkuna, a SANParks game ranger Elijah Ngubeni, Vietnamese nationals Ngoc Guang Pham and Lan Anh Nguyen and a string of allegedly illegal Mozambican immigrants among others.
The investigation connects the accused with 21 rhino horns belonging to animals poached in the Kruger National Park during 2011.
The trial, that was set to start in the Middelburg court, was postponed for the umpteenth time when Nyalungu’s advocate, Stephan Potgieter, requested for it to be moved to Nelspruit. Potgieter himself is an ex lieutenant colonel with the SAPS.
The Mozambican accused, who initially made use of state funded Legal Aid lawyers, has also decided to end their mandate and appoint new private legal defence.
Where the men, who have been in custody for years and initially could not afford their own legal representation got money to fund their new lawyer, remain a mystery.
Nyalungu’s actions in court, where he once physically attacked a journalist in front of police officers, with his advocate taking a step back so he can reach his target better, indicate that he might possess a blatant lack of fear and respect for authority.
Fears exist that moving the trial to Thulamahashe will be to the detriment of the case as he might be even more fearless once he is “back on home turf”.
One of the charges against Nyalungu and Nkuna is for corruption after they allegedly offered a police officer money when they were arrested.
The National Prosecuting Authority did not reply to questions about why the decision was taken to transfer the trial before deadline.
