State to reveal info in Jaca case

2012-05-28 22:07

Pretoria - The State has been ordered to reveal further information relating to the charges against beleaguered Tshwane metro police deputy chief Ndumiso Jaca.

During Jaca's second appearance in the Pretoria Magistrate's Court on Monday, Magistrate Graham Travers examined each of a number of questions submitted by Jaca's defence team.

Andre Steenkamp, for Jaca, drew up the list of questions on which information was sought from prosecutor Heinrich Scholtz.

Scholtz protested that the request for further particulars 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 as Jaca's lawyer accused the prosecutor of defying a court order previously issued.

Contempt

Steenkamp said the prosecutor was in contempt of court because there was an order for the information to be disclosed.

Travers denied issuing an order compelling the prosecutor to give the particulars.

The matter was resolved when the magistrate listened to the recorded court proceedings, during an adjournment, which showed he had not made the command.

All questions submitted by Jaca's lawyer had to be examined in court to establish whether they could be classified as necessary "further particulars" according to the law, said Travers.

He ordered some of the particulars to be provided by the prosecutor in the next appearance, while he turned down other questions.

Travers said the State should reveal which BMW vehicle Jaca operated without the required number plates and registration.

Special leave extended

"You have to tell us which car he was driving. Was it a red BMW? The accused needs to know which car we are talking about," he said.

Travers dismissed questions urging the prosecutor to disclose where Jaca had driven the vehicle, the ownership of the car and who had fitted a blue light.

Jaca faces nine charges, including fraud, driving a vehicle with unregistered number plates, driving a vehicle with false number plates, and driving a vehicle with police lights.

He was charged in March following a report 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 false registration number plate.

The Tshwane metro announced in January that Jaca's three months' special leave had been extended. The leave began in October.

- SAPA