Defence advocate a no-show for axe murderer court appearance

Ntshongwana was due to appear in court from Monday, 30 September until 8 October. His advocate was absent on Monday, where it was ascertained through an email that he would not be available due to his presiding over a matter at the Pietermaritzburg High Court as an acting judge. In an email sent to presiding judge, Irfaan Khalil, on 30 September at about 10.30am, Mjoli confirmed that he would be available on Tuesday, 1 October.

On Tuesday, 1 October, the case which was scheduled to start at 10am had to be put on hold until 11.30am as it was believed Mjoli was on his way. Court resumed at about noon with advocate Mjoli still a no-show. Presiding judge, Khalil addressed the court over the issue of Mjoli’s absence. In a letter handed to the judge, Mjoli says he is unable to attend as he is held up at the Pietermaritzburg High Court in a case for which an expert witness is testifying and it wasn’t possible for the evidence presented to be completed on Monday.

He said he would be available from 14 October until December for the Ntshongwana case. In the letter he also said he would send an attorney or an advocate to stand in for him. The letter was dated 30 September and was received by the judge on 1 October. The presiding judge said Mjoli’s conduct was unacceptable and had a negative effect on expert witnesses, the accused, court staff and members of the public. The court heard Mjoli had two months to make the court aware of the overlapping dates.

Khalil condemned Mjoli’s actions saying: “I don’t think this level of behaviour from practitioners is acceptable. This level of action should be taken up in disciplinary. Practitioners should not be able to dictate without disagreement when a case can start and end.” The court heard that transcripts recorded on Monday and Tuesday will be sent to the KZN Law Society for investigation.

In a twist of events, Mjoli showed up in court after witnesses and court staff had left. When approached for comment, he said the court knew he was on his way and they should have waited.

Ntshongwana has been in custody since March 2011. He is facing four counts of murder, two counts of attempted murder, one count of assault with intent to do grievous bodily harm, a count of rape and one count of kidnapping. In relation to one of the charges laid against him, he allegedly kidnapped a woman on 28 November 2010 and held her captive for three days. The axe as well as other evidence was recovered in the backyard of his Yellowwood Park home, hidden in a dog kennel. Ntshongwana has pleaded not guilty to the charges laid against him.

A provisional date of 17 December has been set for a trial date to be decided upon.

– mbalim@dbn.caxton.co.za