Maqubela declines to testify

2012-10-10 21:08
Thandi Maqubela (Picture: Sapa)

Thandi Maqubela (Picture: Sapa)

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

Cape Town - Thandi Maqubela, charged with the murder of her husband, Western Cape acting judge Patrick Maqubela, chose on Wednesday not to testify in her own defence in the Western Cape High Court.

Defence counsel Marius Broeksma announced Maqubela's decision in the court after prosecutors Bonnie Currie-Gamwo and Pedro van Wyk closed the State's case.

Defence attorney Randall Titus, representing Maqubela's co-accused, businessman Vela Mabena, at the same time said that his client had likewise chosen not to testify.

Both Broeksma and Titus told the court their clients would close their respective cases.

The accused appeared before Johannesburg-based judge John Murphy and assessor Danie Marais, and pleaded not guilty to the alleged murder.

Maqubela was also charged with fraud and theft, relating to her deceased husband's will. She pleaded not guilty to these charges as well.

The trial ended with a trial-within-a-trial, in which the prosecution launched an application to have a sworn statement made by Maqubela to a police captain, concerning her husband's death, admitted as evidence against her.

Broeksma opposed the application on the grounds that investigating officer Captain Etienne van Ede had failed to warn Maqubela of her right to refuse to make the statement and that whatever she said in it could be used as evidence against her.

Currie-Gamwo countered that the warning only had application if the person making the statement was considered a suspect in the case.

At the time the statement was made, Maqubela was not yet under suspicion for her husband's murder, and a warning was not required.

Currie-Gamwo added: "An inquest is an investigation into a death where no foul play is suspected."

Broeksma said Maqubela, at the time she gave the statement, was reasonably thought to be a suspect, by one or more of those involved in the investigation.

For this reason, she should have been pre-warned about her constitutional rights and it meant that her statement could not be received as evidence against her.

Judgment is expected on Thursday, on whether the statement may be considered as evidence.

- SAPA
Read more on:    thandi maqubela  |  vela mabena  |  patrick maqubela  |  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
4 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Five wrapping hacks you have to know before Christmas

Five gift wrapping hacks that will save Christmas for you!

 
 

I love summer.24

Sexiest Instagrams of 2014
Joburg hot spots for cocktails, craft beer, tapas and wine!
Summer Survey!
Great ideas for the best summer sandwiches!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

Festive gifts!

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

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. 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!

30% off the bestselling books

Save big on the most captivating reads of 2014. 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 energy today is serious, materialistic and hardworking. You may find you get a new outlook on things and you may want to spend...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.