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Judge angry at Dina-trial twist
04/09/2006 17:32 - (SA)
Cape Town - After angry exchanges on Monday between the judge and the defence teams in the Baby Jordan murder trial the case was postponed to Thursday.
It is likely then, to be postponed again for some months.
Dina Rodrigues and four accomplices, including a juvenile who may not be named, are in the dock before Judge Basheer Waglay, charged with the murder of baby Jordan-Leigh Norton.
At Monday's proceedings, counsel Charles Simon, who two weeks ago was replaced by counsel William King as the youth's lawyer, told the court he had an affidavit in which the youth said he now wanted Simon back as his counsel.
Lawyer has affidavit
Simon, who also represents the remaining three co-accused, Sipho Mfazwe, Mongezi Bobotyane and Nanethemba Gwada, told the court if it were not possible for him to continue as the youth's lawyer, he would have to withdraw from the case altogether.
In one angry exchange, the judge asked Simon why he was still "involving yourself with the youth".
Simon said it was because he had the affidavit in which the youth said he wanted Simon back.
King told the court he (King) was now the youth's counsel, which prompted the judge to ask Simon sharply: "Are you still acting for the youth - yes or no?"
Simon said he was not, but repeated that he had the affidavit.
After both Simon and King had addressed the court, John van der Berg, for Rodrigues, hastened to inform the court that the "current course of events" would have a profound affect on the trial.
Van der Berg added: "The court is faced with a procedural crisis, which may have serious constitutional ramifications for all five accused."
Waglay responded: "You may have a crisis, but this court does not."
In another angry exchange, the judge asked Van der Berg: "Are you now speaking for Simon?"
Van der Berg replied: "No, I am speaking for my own client."
Undaunted by the exchange, Van der Berg continued: "Simon acted for the youth in his wish two weeks ago to close his case without testifying.
"The court at that stage confirmed this with the youth."
Referring to the sudden appearance two weeks ago of King, on behalf of the youth, while Simon was for all practical purposes still acting for him, Van Der Berg said: "After that, there were all sorts of goings-on, which the court may still wish to delve into.
"Next thing, King tells us he has a brief from the youth's mother.
"The same day, Simon gets a call in which King's instructing attorney, Jacques Louw, says he's dropping out of the case.
"There is no explanation before the court how it came about that counsel for the youth is replaced by another counsel - this leaves the case in crisis."
Further postponement needed
When King confirmed he was now acting for the youth, Simon said he was ethically bound to withdraw altogether, which left Mfazwe, Bobotyane and Gwada without legal representation.
King gave the court an undertaking to approach the legal aid authorities to replace Simon, and the court will reconvene on Thursday to hear the outcome.
On Thursday, Waglay added, a decision would be made about a further postponement, needed by the new counsel to get the court record.
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