Accused wants black lawyer

2008-09-22 19:06

Scottburgh - A man accused along with his brother of murdering a former Austrian footballer requested on Monday that the Scottburgh High Court provide him with a black lawyer.

Thokozisi Msani, 25, who is accused of robbing and shooting 43-year-old Peter Burgstaller on November 23, first asked the court what race his legal representatives were.

When informed that the Legal Aid-appointed defence attorneys for the two brothers were white, he said he "really has a problem with a white legal representative".

Thokozisi told the court through a translator that he could not speak English and would prefer to have a black attorney representing him.

Judge Leona Theron ordered that the Msanis brothers' request to have a Zulu-speaking attorney be addressed by the Legal Aid board.

She also ordered that the case be postponed to December 1 to the Ramsgate High Court and that the two men be detained in custody at the Umzinto prison.

State prosecutor Dorian Paver requested that the court order the two brothers to submit to blood samples being taken for DNA tests as well as fingerprinting.

Theron agreed with the State's request.

Thokozisi Msani also told the court that he had been "assaulted by a police officer in this court and forced to hold a gun by the same officer".

Theron told Msani that he could lodge a complaint with prison authorities or advise his legal representatives who would in turn raise the matter when the trial began in December.

Burgstaller was murdered at the Selbourne Estate near the resort town of Pennington on the KwaZulu-Natal south coast.

The two brothers have been charged with murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and illegal possession of ammunition.

Burgstaller with his business partners had hoped to invest in 2010 World Cup projects in South Africa.

Burgstaller had visited South Africa hoping to meet Fifa delegates who were attending the 2010 Fifa World Cup Preliminary Draw.

- SAPA