Last-minute application delays Maqubela judgment

2013-11-04 12:13
Thandi Maqubela (Picture: Sapa)

Thandi Maqubela (Picture: Sapa)

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Cape Town - Judgment in the murder trial of Thandi Maqubela was delayed on Monday morning when her lawyer brought an application to re-open her case.

Her lawyer Marius Broeksma told the Western Cape High Court they wanted the case to be opened "to a very limited extent" on counts two and three - fraud and forgery.

He handed up a founding affidavit and said the intention was to call more witnesses.

Maqubela and her co-accused Vela Mabena have pleaded not guilty to suffocating her husband, acting judge Patrick Maqubela, with cling-wrap in his apartment in Sea Point, Cape Town, on 5 June 2009.

Will

Thandi Maqubela has also pleaded not guilty to forging her husband's signature on his will and fraudulently presenting it at the Johannesburg office of the Master of the High Court.

The forgery charge on the indictment was recently amended from "making of the signature" to "making of the will".

The State previously told the court no will was lodged at the time of Maqubela's death and his financial adviser was adamant there was no will.

It was only on 23 April 2010 that the Master's Office received a letter from his widow stating that she had found a will among some documents in boxes and that it was dated March 2009.

Broeksma said on Monday that he would call witnesses to prove that the boxes contained the judge's personal effects.

He said the application would not be pursued if the State conceded this fact.

"No such concession will be forthcoming from the State," replied prosecutor Bonnie Currie-Gamwo.

She criticised the defence for bringing an application at such a late stage and questioned when the matter would be finalised as some witnesses were in Johannesburg and the UK.

"None of them [the witnesses] can tell us what exactly was inside the boxes in any event," she said.

The court was to have passed judgment on Monday.

Randall Titus, for Mabena, said his client wanted the trial to conclude as soon as possible and asked the court to consider his interests.

Judge John Murphy adjourned the matter for a few hours to consider the application.

Read more on:    thandi maqubela  |  patrick maqubela  |  cape town

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