Nothing new in Krejcir and co-accused's appeal - prosecution

2016-04-18 21:11
Radovan Krejcir (Netwerk24)

Radovan Krejcir (Netwerk24)

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Johannesburg - The State on Monday submitted that there was nothing new in the submissions made by the lawyers of convicted criminal, Radovan Krejcir and his five co-accused as they sought leave to appeal their convictions and sentences.

Prosecutor Louis Mashiane said he saw no fault in the ruling which was delivered by Judge Colin Lamont in February.

"There is no other court which would come to a different conclusion," said Mashiane.

"The court has applied an element of mercy in the sentencing of the accused. There was no misdirection."

The lawyers of Krejcir, his co-accused, Desai Luphondo, Siboniso Miya and warrant officers Samuel Maropeng, Jan Mofokeng and George Nthoroane had on Monday made submissions before the High Court in Johannesburg.

All six men want their convictions and sentences overturned.

The group was arrested in connection with the kidnapping of a Katlehong man, Bheki Lukhele.

This was after Lukhele's brother, Doctor, reportedly disappeared with Krejcir's alleged shipment of drugs weighing 25kg and worth millions.

The group is alleged to have assaulted Lukhele, with Krejcir pouring boiling water over his head.

On Monday, lawyers for the six men tore into the State's case and Lamont's sentencing.

The lawyers criticised the state for failing to call an expert who could testify that indeed, Lukhele could have died from the burn.

Krejcir's newly appointed lawyer, James Grant also criticised the court for failing to ensure that his client was treated fairly during the trial.

He pointed out that during sentencing, Krejcir no longer had a legal representative and had to fight his own legal battle.

Grant added that the manner in which Krejcir was detained and the high security in the courtroom suggested that he was a dangerous criminal.

'Fatal irregularities'

On Monday , Krejcir sat in the dock with his feet shackled, his hands in cuffs and a large chain with a padlock strapped around his waist. His cuffs and ankle shackles were connected to the chain.

The other co-accused in the matter only had ankle shackles.

Meanwhile, Annelene van den Heever, for Luphondo listed several factors which she labelled as "fatal irregularities" to the case.

She dismissed the evidence of the investigating officer in the case alleging that he had been a dishonest witness. She also submitted that a proper identity parade should have been held instead of the court allowing Lukhele to point out the accused while they were in the dock.

Krejcir was handed a sentence of 35 years in jail for the kidnapping and attempted murder charge.

He received 25 years for the attempted dealing of drugs. He will serve an effective 35 years.

Sandton businessman Desai Luphondo was handed 25 years for dealing in drugs, 15 for kidnapping and 15 for attempted murder. He will serve a total of 35 years.

Siboniso Miya was sentenced to 15 for attempted murder‚ 15 for kidnapping and 15 for attempted drug dealing, and will serve an effective 15 years.

Former East Rand Organised Crime Warrant Officers Samuel Modise Maropeng received 15 years for attempted murder and 15 years for kidnapping and will serve an effective 15 years.

The other two former East Rand Organised Crime warrant officers, Jeff Nthoroane and Jan Mofokeng‚ were sentenced to 15 years each for kidnapping.

Nthoroane was also handed one year for assault.

Denied medical attention

As proceedings concluded on Monday, Krejcir's lawyer sought medical attention for him.

Grant claimed that his client had been coughing blood and had been repeatedly denied medical attention.

Lamont requested that the State look into the matter.

The case was expected to continue on Tuesday.

Read more on:    radovan krejcir  |  johannesburg  |  crime

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