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

kalahari.com

  • Cape Town
    The story told in these pages is both immensely readable and endlessly interesting, and is sure to... Now R399.00
    buy now
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

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 30% off top fragrances

Get mind blowing savings on selected fragrances. Offer valid while stocks last. Shop now!

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

Save up to 50% on Women’s month treats!

Celebrate the awesome women in your life with awesome treats like beauty products, fashion accessories, bestselling books, electronics and more. Offer valid while stocks last. Shop now!

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid 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

Today is a good day to combine imagination, information and creativity together. Try not to over rationalise things and rather...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.