DPP to decide on Limpopo doctor murder charge

2016-11-10 19:56
Magistrates court. (Duncan Alfreds, News24)

Magistrates court. (Duncan Alfreds, News24)

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Thohoyandou - The differing legal opinions of the State and the defence team on the seriousness of the charge against a Limpopo doctor accused of murder caused a setback in the case on Thursday.

Ndivhuwo Mudau, a medical doctor who was attached to Tshilidzini Hospital, made his third appearance in the Thohoyandou Magistrate's Court on Thursday.

He was expected to have applied for bail, but questions arose over the scheduling, or seriousness, of the murder charge he faces.

When he walked into the courtroom on Thursday, Mudau, 24, avoided making eye contact with those in the packed public gallery and kept his head partially bowed.

He has been in custody since October 13.

He is accused of killing his girlfriend, Refiloe Masenamela, a student at the University of Venda, and leaving her body in a pool of blood in the doctors' residence at Tshilidzini Hospital.

Serious offence

READ: Doctor hands himself in after allegedly killing girlfriend

On Thursday, prosecutor Mashudu Nekhumbe told the court that the State was ready to go ahead with a bail application.

"The State is ready to proceed with the case under schedule 5, but the defence wants to proceed under schedule 1 [of the] Criminal Procedure Act," Nekhumbe said.

With a schedule 1 offence it is up to the State to prove why Mudau should be kept in custody and not be released on bail.

Whereas, with a schedule 5 offence, which was viewed as a more serious offence, the onus would be on Mudau's legal team to prove exceptional circumstances as to why he should be released on bail.

On Thursday, Nekhumbe requested that the case be postponed so the director of public prosecutions can decide under which schedule the offence Mudau allegedly committed falls.

The case was postponed to November 17.

When this was announced and proceedings ended, Mudau shielded his face from journalists.

Read more on:    thohoyandou  |  crime

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