Confusion over Tutu magistrate

2012-06-21 15:43
Gavel

Gavel

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - Confusion reigned on Thursday over whether the bail application of Olwethu Mathiso would have to be re-heard in the Cape Town Magistrate's Court.

Mathiso, 21, the gardener of Archbishop Emeritus Desmond Tutu's daughter, was in the dock for allegedly killing her domestic worker, Angela Mscinga.

His bail application had been partly heard by Magistrate Mandi Tyulu, who had since been suspended pending disciplinary proceedings, and had not made a ruling.

Further details on the suspension were not immediately available.

Andre Kirsten, for the defence, said he was not happy with presiding Magistrate Zwelidumile Sogwagwa taking over a partly-heard bail application.

Verbal applications

"It's impossible to gather all the impressions that Tyulu gathered from witnesses up to this point... my client made certain testimonies and impressed Tyulu in certain ways," he told the court.

"Although he would have noted verbal applications... the court cannot gather from these notes the impressions of honesty or dishonesty."

Kirsten said there was no directive from the Criminal Procedure Act on the procedure to be followed in such an instance.

In cases where a bail application had been partly heard in the high court, the evidence had been evaluated afresh.

Sogwagwa said everyone could agree that the transcriptions of the application were available in court and that Tyulu would not be available for a while.

He asked that all parties decide whether he could proceed.

"[I ask] especially the defence because we are quite worried that if there's no agreement between the parties, the defence can claim [there were] irregular proceedings [if it reaches] the high court [for a directive]," the magistrate said.

Cecil Engel, for the State, said the matter should proceed as soon as possible.

"The State [however] agrees that we are dealing with a very unusual case where there are no hard-and-fast rules of what must happen."

Accused to take stand

Sogwaga then ruled that the bail application would be heard afresh later on Thursday.

Engel then told the court that the investigating officer, Constable Thabo Mwanda, was actually on leave until July 24.

Although he was present in court, it was not suitable that he testify, the lawyer said.

After a meeting in the chambers, Sogwagwa ruled that the application would be heard regardless.

Mwanda would face further cross-examination on Thursday afternoon and Mathiso would also take the stand to give additional evidence.

Mscinga's body was found in Mpho Tutu's Milnerton home on April 12.
- SAPA
Read more on:    desmond tutu  |  mpho tutu  |  cape town
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
2 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Hottie of the day: Nicole Meyer!

Nicole is the cover girl for the 2014 edition of SA Swimsuit! Check out some smoking hot pics of here here.

 
 

Men24.com

11 things men don’t know about their clothes
Hilarious mortal kombat elevator prank!
This is how the Top Gear presenters spend their £55 million!
Thirty and still single? There’s hope!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Save up to 60% on toys!

Don’t miss out on this hot offer, save up to 60% on toys. While stocks last. Shop now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Seen something you like in our catalogue?

Find the perfect gift and save up to R5000 – As seen on the catalogue. Hurry and shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. While stocks last. Shop now!

Up to 35% off books

Save up to 35% on the latest page-turners. While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The Moon has moved into your sign, emphasizing the need to connect things to work together. There is a tendency to focus too far...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.