Alleged wife killer Rameez Patel to turn to Limpopo judge president in bid to have murder rap dropped

2019-07-23 17:10
Rameez Patel. (Marietie Louw-Carstens, Gallo Images, Beeld, file)

Rameez Patel. (Marietie Louw-Carstens, Gallo Images, Beeld, file)

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Lawyers for double murder accused Rameez Patel are to petition the Limpopo judge president after the dismissal of their application for leave to appeal the Limpopo High Court's dismissal of Patel's bid for a discharge.

On Tuesday, defence lawyer Johann Engelbrecht, SC, told Judge Joseph Raulinga that a petition would be sent to Judge President Ephraim Makgoba.

Judge Raulinga denied the defence team leave to appeal his January ruling in which he dismissed Patel's application for a discharge and found that there was a prima facie case against Patel.

"The argument [for leave to appeal] has no merit and is a fishing expedition. It is aimed at delaying the proceedings," the judge said at the time.

On Monday, the prosecution also lodged an unusual application for a costs order against Patel, saying it believed he should be penalised for bringing "vexatious applications" in terms of Section 342 of the Criminal Procedure Act.

Judge Raulinga dismissed this application on Tuesday.

ALSO READ: State wants alleged wife killer Rameez Patel penalised over 'vexatious applications'

"This argument has a lot of merit. Most of the delays [in the court proceedings] were caused by the accused. However, in the circumstances I cannot deal with costs because it's unusual in a criminal trial," the judge said.

Judge Raulinga again expressed unhappiness about strange developments in the case.

He suggested that the written version of a February ruling he made, which related to the discharge application, had been tampered with.

"The judgment I handed in February starts in the middle. A registrar [earlier] just disappeared from court when she was supposed to administer an oath. I don't know whether some [court] officials have been captured," said Judge Raulinga.

Previously, he asked the defence lawyers to depose to an affidavit indicating how a transcribed court record which the prosecution did not have ended up in their possession.

This was after it emerged that a CD containing court recordings was removed from the court building and given to a company that specialises in court record transcriptions without the permission of the court registrar.

He repeated the order on Tuesday.

ALSO READ: Rameez Patel trial: Exhibits missing and magistrate's notes tampered with

The original statement by Patel's brother, Razeen, also went missing from court records. However, it has since been replaced.

Patel is expected to return to court on September 30.

He is facing a murder charge after he allegedly killed his wife, Fatima, in Nirvana, Polokwane in 2015.

His mother was also killed after Razeen told her about the circumstances that led to Fatima's killing.

Patel has not yet been tried for his mother's murder but is expected to stand trial in 2020.

Meanwhile, his father, Firoz, was also killed while Yunus Mayet, the father of Patel's current wife Nazreen, was also kidnapped and killed.

However, the two incidents have not been linked to Patel.

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Read more on:    rameez patel  |  limpopo
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