Jaca won't get fair trial, lawyer claims

2012-10-10 16:17
Ndumiso Jaca (Picture: Beeld)

Ndumiso Jaca (Picture: Beeld)

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Pretoria - Suspended Tshwane metro deputy police chief Ndumiso Jaca would not get a fair trial, the Pretoria Magistrate's Court heard on Wednesday.

Andre Steenkamp, for Jaca, told the court he had insufficient information relating to fraud and other charges against his client.

This was not rectified by a compelling order issued by magistrate Graham Travers in May for the information to be supplied.

Steenkamp said the State only added "void and nonsensical information".

"If the trial proceeds on the basis of the insufficient information that we have, the accused suffers prejudice," he said.

"The information given, even after the compelling order of this court is void and nonsensical," said Steenkamp.

In May, the magistrate ordered the State to reveal further information relating to the charges against the beleaguered Tshwane metro police boss.

At the time, prosecutor Heinrich Scholtz said the request for further particulars by the defence was a move "to entrap the prosecution into a certain line of argument".

The issue around the submission of "further particulars" sparked a long debate in court.

On Wednesday, Steenkamp appealed to the court to quash all charges against Jaca.

"We cannot defend ourselves [in the trial]. We cannot prepare to defend ourselves sufficiently on the basis of the information we have," said Steenkamp.

"This court established that the information requested was relevant to the trial and issued the compelling order," he said.

The 11 charges Jaca faces include fraud and driving a vehicle with unregistered, false number plates, and police lights.

During a previous court appearance, Steenkamp asked for a postponement to enable him to draft the application to have the charges "quashed".

At the time, Scholtz told the court the State would oppose the application.

Jaca was charged in March following an Eyewitness News report alleging that he was driving a BMW Z4 with false number plates and police lights.

He was also allegedly seen on a Harley Davidson motorbike with the same number plates - Balty GP.

The Tshwane metro announced in January that Jaca's three-month-long special leave, which began in October, had been extended.

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