The pre-trial conference of Suleman Tayob, the man accused of fatally assaulting Newcastle teen Henrico Oosthuizen (17) with a metal pipe, could not proceed on September 1.

A request by Tayob’s attorney, Zubair Chothia, for the state to provide the defence with further particulars under Section 87 of the Criminal Procedure Act was only fulfilled minutes before Tayob’s appearance in the Newcastle Regional Court.

Prosecutor Ms Mtshali explained to the presiding officer, Magistrate Kamlesh Gurlal, that she could not supply Chothia with the requisite document any earlier, as the investigating officer had only provided her with it earlier that morning.

Chothia complained that he did not fully understand the medical jargon in the document he received from the state, saying he needed an opportunity to consult with a medical officer for clarity before he could decide if the information contained in the document satisfied his request for further particulars or not.

Defence seeks clarity on medical information

Tayob is charged with the murder of Oosthuizen and the attempted murder of Oosthuizen’s friend, Diederik Marx, following a violent encounter in the early hours of December 7.

It is alleged that Oosthuizen and Marx were chasing another individual down the street following an incident that started at a Hutten Heights pub when Tayob confronted them, striking them both with a metal pipe.

Oosthuizen was rushed to hospital from a friend’s house a few hours later, when he started having seizures.

He died in hospital the next day.

Later in the court proceedings, Chothia disclosed that the document he was given was a summary of events from the hospital of what happened on the day that Oosthuizen was admitted.

“It is of paramount importance to the defence, as it pertains to the conduct of the deceased on that day,” he explained.

Chothia further informed Gurlal that his consultation with a medical practitioner could lead to a request for further and better particulars from the state should the information supplied to him not fulfil his initial request.

From a preliminary perusal of the document he received, Chothia said it appears that he has not been provided with all of the information he sought.

The matter was postponed to September 23 for a possible pre-trial conference, and Mtshali was instructed to provide Chothia with any further particulars he may still require by no later than September 9.

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