Saat: State closes its case

2003-11-13 16:20

Johannesburg - The High Court heard closing arguments on Thursday by the State in the jurisdiction hearing of Israeli national Lior Saat who is charged with murdering diamond merchant Shai Avissar.

Avissar was the estranged husband of socialite Hazel Crane who was shot dead in Abbotsford, Johannesburg, on Monday.

Saat is contesting the jurisdiction of the Johannesburg High Court to try him, claiming he was kidnapped at the Mozambican border by police and brought to South Africa illegally.

On Monday, a police witness said Saat was arrested on the South African side of the border after being deported from Mozambique because his visa had expired.

If the court ruled in favour of a trial, Saat would face 13 charges, including murder, attempted murder, illegal possession of a firearm and kidnapping.

Prosecutor Tom Dicker submitted that for Saat's argument - that the court lacked jurisdiction - to be valid, there would have to be evidence that South Africa exerted force against Mozambique or deceived Mozambican officials, leading to Saat being handed over, which was not what had been heard in court.

Judgment will be reserved - judge

Referring to Saat's version that he was arrested and kidnapped by South African officials, Dicker referred the court to international law.

This stated that for a lack of jurisdiction to apply, the force would have to be exerted against another country and that alleged force against an individual did not qualify.

Saat's defence is expected to argue against jurisdiction late on Thursday.

Judge Gillian Borchers indicated that the court's judgment would be reserved.

Avissar disappeared mysteriously during October 1999, and his decomposing body was found three months later in a shallow grave on a smallholding near Pretoria.

He was apparently beaten to death in Sunninghill, east of Johannesburg.

- SAPA