Rameez Patel to hear his fate soon as discharge application ruling looms

2019-01-22 20:00
Rameez Patel appears in the Polokwane Magistrate's court. (Marietie Louw-Carstens, Gallo Images, Beeld, file)

Rameez Patel appears in the Polokwane Magistrate's court. (Marietie Louw-Carstens, Gallo Images, Beeld, file)

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"Misleading" was the word a prosecutor used on Tuesday to describe the heads of argument which the defence team representing murder accused Rameez Patel submitted in their application for his discharge.

And Judge Joseph Raulinga seemed to agree with prosecutor Lethabo Mashiane: "At the start of the application, I made a comment that the heads of argument seem to be a true reflection of the evidence submitted.

"Now, looking at the evidence, it is no longer true. I withdraw the comment."

READ: Limpopo High Court hears details of the day Fatima Patel died

Patel is accused of killing his wife Fatima at their house in Nirvana, Polokwane in 2015.

The discharge application was lodged on the grounds that some witnesses were not properly sworn in, in terms of Section 162 of the Criminal Procedure Act.

Evidence

In his submission, Mashiane referred to the evidence of William Mohube who failed to return to court for cross-examination. He said the defence team could not refer to the evidence because, in terms of the law, it has become pro-non-scripto, which means the evidence must be disregarded.

Mashiane also said that the marriage was deteriorating, that Patel initially refused to give police clothes he was wearing on the day of the murder and that he could not explain several injuries.

Patel's lawyer Johann Engelbrecht, SC, was questioned by the judge about why the defence team did not raise the matter of the improper swearing-in of witnesses at the time.

He replied: "It's not my function to correct the court. My function is to advise the court and make sure justice is administered."

Judgment

Patel's brother, Razeen, previously testified against him.

Razeen implicated Rameez in the murder and implicated his current wife, Nazreen, in destroying the evidence.

Patel's mother, Mahajeen, was later killed after Razeen told her of the circumstances of Fatima's death.

Patel still has to stand trial for this mother's murder.

In addition, Patel's father, Feroz, was killed in a suspected robbery. His father-in-law, Yunus Patel, who is Nazreen’s father, was also kidnapped and killed.

However, Patel is not linked to the two murders.

The judge will rule on the discharge application on Wednesday.

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Read more on:    rameez patel  |  polokwane  |  courts  |  crime
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