Gool off the hook
2002-02-12 11:55
Cape Town - The prosecution in the Rashaad Staggie murder trial on Tuesday
closed its case and unexpectedly withdrew the controversial
subpoena for former Cape Times photographer Benny Gool to testify in the hearing.
The hearing in the Cape High Court before Judge John Foxcroft
was postponed to February 25.
The defence team, comprising William King and Paul Eia, also
closed its case without presenting evidence from any of the four
Pagad accused including its national coordinator Abdus-Salaam
Ebrahim. They have been charged with the 1996 lynching of Cape Town
gang boss Staggie.
When the hearing resumes both the defence and prosecution teams
will present closing argument.
Gool had been required to authenticate a published photograph of
the Staggie murder.
He had to do this either by way of brief testimony from the
witness box, or a sworn affidavit stating merely that he had taken
the photographs of the murder that had appeared in the Cape Times.
When the hearing commenced on Tuesday State advocates Jannie van
Vuuren and Piet Steyn said they had decided to close their case.
They told the court it was fact that Gool would not testify as
he was required to do, and that the court could not force him to do
so.
Van Vuuren said that it would not strengthen the State's case to
continue trying to compel Gool to give testimony.
To avoid further delays the State had decided to close its case.
Van Vuuren said: "The effect is that the present application to
review the subpoena against Gool falls away. The subpoena is no
longer relevant to the case."
On Monday Christo Lötter, a photographer in the employ of Die
Burger, against whom a similar subpoena had been issued, relented
and handed to the court an affidavit which saved him having to
testify.
Foxcroft was on Tuesday due to deliver judgment in the review
application in which Gool had raised the defence of "just excuse"
for his failure to attend the trial.
Sean Rosenberg, for Gool, told the court there were still loose
ends. He said he had given argument concerning the "just excuse"
defence, and the application to excuse Gool from attending was
still before the court.
Rosenberg suggested that to ensure that this aspect of the case
was properly closed, the State should formally announce the
withdrawal of the subpoena against Gool.
Foxcroft said he understood this to have been the case.
- SAPA