Mountain fire case delayed

2007-08-22 16:36

Cape Town - The trial of a man accused of starting a fire on Table Mountain that claimed a woman's life will only begin in the Cape Town Regional Court in three months.

The accused, Anthony Cooper, a British subject, was arrested in January last year.

The case was to have commenced before magistrate Arno Laubscher on Wednesday, but complications involving his lawyer, Joe Weeber's, involvement in a high court case, caused a postponement to November 27.

Laubscher told Cooper he was disappointed in the delay, but it would serve no purpose for him to point fingers at who was responsible for it.

Cooper faces two charges: one under the National Veld and Forest Fire Act, in which he is alleged to have thrown a burning cigarette butt from the window of his car on Table Mountain in January 2006, and one of culpable homicide.

'High court cases take preference'

In the latter charge he is accused of causing the death of Janet Chestworth, a British tourist who died in the fire.

At Wednesday's proceedings, Weeber said he was involved in a high court case, and that the judge, Andre le Grange, had refused to postpone the case for Weeber to attend the Cooper trial.

"The judge said high court cases take preference over lower court cases," Weeber explained.

Ironically, an assessor in the high court case had to assist in another high court case, which in any event forced the postponing of the high court case in which Weeber was involved

This meant that Weeber was, after all, available for the Cooper case, but it could now not proceed because prosecution witnesses were absent.

Prosecutor Nation Loliwe told the court the State witnesses had been subpoenaed, and would have been present at court for the trial.

However, when Weeber informed him of his difficulties, Loliwe had told the witnesses they need not come.

Laubscher said part of the problem was that he, as the magistrate, had not been informed of the difficulties as they occurred.

He told Cooper: "I should have been involved to a greater extent, but I was not always in town."

For reasons not explained, Cooper's case will now commence before magistrate Wilma van der Merwe, and not Laubscher.

- SAPA