Jaca won't get fair trial, lawyer claims

2012-10-10 16:17

Pretoria - Suspended Tshwane metro deputy police chief Ndumiso Jaca would not get a fair trial, the Pretoria Magistrate's Court heard on Wednesday.

Andre Steenkamp, for Jaca, told the court he had insufficient information relating to fraud and other charges against his client.

This was not rectified by a compelling order issued by magistrate Graham Travers in May for the information to be supplied.

Steenkamp said the State only added "void and nonsensical information".

"If the trial proceeds on the basis of the insufficient information that we have, the accused suffers prejudice," he said.

"The information given, even after the compelling order of this court is void and nonsensical," said Steenkamp.

In May, the magistrate ordered the State to reveal further information relating to the charges against the beleaguered Tshwane metro police boss.

At the time, prosecutor Heinrich Scholtz said the request for further particulars by the defence 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 in court.

On Wednesday, Steenkamp appealed to the court to quash all charges against Jaca.

"We cannot defend ourselves [in the trial]. We cannot prepare to defend ourselves sufficiently on the basis of the information we have," said Steenkamp.

"This court established that the information requested was relevant to the trial and issued the compelling order," he said.

The 11 charges Jaca faces include fraud and driving a vehicle with unregistered, false number plates, and police lights.

During a previous court appearance, Steenkamp asked for a postponement to enable him to draft the application to have the charges "quashed".

At the time, Scholtz told the court the State would oppose the application.

Jaca was charged in March following an Eyewitness News report alleging 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 number plates - Balty GP.

The Tshwane metro announced in January that Jaca's three-month-long special leave, which began in October, had been extended.

  • arthurenlouise.tarr - 2012-10-10 16:26


      zipho500 - 2012-10-10 17:29

      Did u want to say "ridiculous maybe?"

      BulletProof. - 2012-10-10 18:11

      I also want a number plate to use on mt tree vehycles so if it is a false one I will not pay fines in anyone, and why in this earth a cop replace a number plates in the vehycles he drives? Do this vehycles belong to him, a Cop driving a Z4?Did he pay for it and were the money come from?To much evidence,LOCK HIM UP.

  • mpventer - 2012-10-10 16:26

    Why is he still on special leave - so he still gets his salary every month!!!

      saintbruce.bruce - 2012-10-10 17:59

      Interesting that an officer of the Law has no faith in the Justice system that PAYS his salary! Allegedly driving with false plates.... there are photographs showing this as fact so how can it be only alleged ? If I recall, he was using a cellphone, in uniform and not wearing a seatbelt to cap it all. From a Senior Police officer ? What a joke.

  • Willie - 2012-10-10 16:37

    The guy was malicious,driving on Mabopane Highway with blue light,a bmw with false registration. What unfair trial against this arrogant law enforcement officer.Hell!!!!!!!!!

  • john.m.mcdowall - 2012-10-10 16:39

    who is this self opinionated black cretin?

      larry.piggott1 - 2012-10-10 16:59

      He is a connected ANC Cadre Cretin, so it was always on the cards that he would slide out from under the charges. Viva ANC Cretins, Morons and Corrupt thieves.

  • john.m.mcdowall - 2012-10-10 16:40

    who thinks the law and regulations don't apply to him. MORON.

  • mark.haupt.31 - 2012-10-10 16:42

    He's a cadre, off course the trial will be biased - in his favour.

      john.m.mcdowall - 2012-10-10 16:49

      Hope not. Get rid of the scum!

      siphom.mnguni - 2012-10-10 17:36

      @mark.haupt:)what's the use whether he gets fair trial or not, he is a cadre after all. If found guilty he will suffer Shaik-syndrome and spent time in hospital wing of the prison taking golf lessons and redeployment lessons. Upon release move on to the new department and mess it up and move ad infinitum.

      hein.huyser - 2012-10-10 19:23

      @ siphom, only until we can rid SA from the curse of the anc.

  • JohnDough - 2012-10-10 16:53

    Was he being fair to the law when he drove around with false number plates?

  • john.m.mcdowall - 2012-10-10 16:59

    The rot started at the top with McBride. I suppose we qare still paying this dickhead's salary to this day. What happened here? Same as this arrogant twat!

  • john.m.mcdowall - 2012-10-10 17:02

    Could actually have put that in amore succinct form but thought better of it.

  • andrew.mackie.90 - 2012-10-10 17:05

    Another crooked official playing for time, March to October and still not ready. Why did the defence get an order prior to now if information not forthcoming. Will he also suffer an incurable at at later stage?

  • vambozha.mutemi.9 - 2012-10-10 18:40

    why didn't he "make a plan"??

  • hein.huyser - 2012-10-10 19:21

    What!!!! Is this fraudster still around? How long does it take to get rid of these imposters? He drove a car (as a traffic cop nogal) without a license. Guilty? Yes! Off you go bye How difficult can that be?

  • darryl.maze.5 - 2012-10-11 09:09

    These lawywers love to draaaaaag these court cases out so as to get more money out of it. Our lawyers are forever unprepared. Our court systems are failing SA people. Why does it take so loooong???? They have the proof so just sentence the guy and bloody move onto the next.

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