Krejcir case postponed over cellphone records

2015-05-13 15:32
Radovan Krejcir (Jenni Evans, News24)

Radovan Krejcir (Jenni Evans, News24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The attempted murder, drugs and kidnapping case against Czech fugitive Radovan Krejcir and five others was postponed to Friday to allow for the receipt of cellphone records which the defence hopes to use to disprove the allegations against them.

Wednesday's proceedings were mired in an application to recall a witness, Peter Msimango, and for the release of the records of six cell numbers believed to be associated with him from MTN, Vodacom and Cell C.

The defence hopes that the records will disprove some of the claims that Krejcir ordered the kidnap and torture of a man whose brother had allegedly disappeared with 25kg of the drug tik.

Judge Colin Lamont acceded to the cellphone and Msimango recall request, but refused an application by Krejcir and another of the accused that Lamont subpoena senior police official General Vineshkumar Moonoo, Colonel Nkosana ''Killer'' Ximba, Constable Phumi Phiri, former policeman Kaizer Nkosi and Constable Vusi Mboweni.

Their counsel Annelene van den Heever made the application in terms of Section 186 of the Criminal Procedure Act (CPA) and submitted that Moonoo had opened, and then closed a particular docket on the grounds that it was false.

‘Onus on the State to prove guilt’

He and the others could provide further information on the allegations made against the accused, she submitted.

''It turns on the rights of an accused to have a fair trial,'' she said to Lamont. ''There is an onus on the State to prove the guilt of the accused, not an onus on the accused to go out of its way to prove its innocence.''

Lamont grilled her on what she thought they might say, and asked why she did not call them herself.

''Your lordship is expecting me to call a policeman that is most probably involved in the commission of a crime, that doesn't want to talk to me, as if I have got an onus to prove something,'' replied Van den Heever.

Lamont said it would be highly defamatory to accuse someone of that.

Prosecutor Louis Mashiane said he was offended by the insinuations, and opposed the application.
Lamont was also not happy with Van den Heever being unable to say what they might say if he subpoenaed them.

Another application for discharge

After Lamont had refused the request, the case was adjourned until Friday and counsel for the defence were heard arranging the requested cell phone records which have to be submitted to the registrar and counsel on Thursday.

They have to contact the various cellphone service providers, notify them of Lamont's order, and then have them sent to the registrar and counsel.

Van den Heever is expected to make another application, in terms of Section 174 of the CPA for the case to be discharged.

The accused who were out on bail, were given the same terms. Krejcir is currently in custody.

If the discharge application fails, the defence will start producing witnesses, probably from next week.

Read more on:    radovan krejcir  |  johannesburg  |  crime

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.


Men.24 Model of the Week: Wendy from Cape Town

Find out more about our featured model, Wendy from Cape Town


You won't want to miss...

Who are the highest paid models of 2017?
10 gorgeous plus-sized models who aren't Ashley Graham
WATCH: Pornhub is giving users free access to premium content these holidays
5 top leg exercises for men
Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.