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

2019-07-22 16:38
Rameez Patel and his first wife Fatima. He is accused of murdering her. (Supplied)

Rameez Patel and his first wife Fatima. He is accused of murdering her. (Supplied)

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The prosecution in the murder trial of alleged wife killer Rameez Patel on Monday brought an unusual application in the Limpopo High Court for a cost order against the accused.

Prosecutor Lethabo Mashiane believes Patel should be penalised for bringing "vexatious applications".

This relates to the defence team's application for leave to appeal the earlier ruling by Judge Joseph Raulinga.

Raulinga earlier dismissed the application - brought under Section 174 of the Criminal Procedure Act - for Patel's discharge.

The ruling, in terms of the law, could not be appealed because it did not determine the finality of the matter.

The defence team had indicated that it wouldn't appeal the ruling, but made an about-turn at the previous court sitting.

Mashiane said: "The court should remember that the defence [team] indicated that they won’t appeal. At that point, they knew what the law says regarding the matter. They should be penalised for bringing vexatious applications.

"I’m not saying they cannot bring deserving applications. However, they should not bring applications at intervals."

He said the application for a cost order was allowed in terms of Section 342 of the Criminal Procedure Act.

However, defence lawyer Meshack Thipe argued that Mashiane himself earned a salary from the state and, therefore, could not suffer any loss.

"Who is then entitled to the cost? The Criminal Procedure Act does not even provide for costs," Thipe said.

Family members killed

The matter came after another lawyer for the defence, advocate Johann Engelbrecht SC, presented the argument for leave to appeal the ruling dismissing the discharge of Patel.

Engelbrecht’s argument centered around state witnesses not being properly sworn-in, hearsay evidence and circumstantial evidence following an earlier inspection-in-loco.

Judgment on the matter is to be delivered on July 23.

Patel stands accused of the killing of his wife, Fatima, at their home in Nirvana, Polokwane, in 2015.

His mother was also killed after she was told by Patel’s brother, Razeen, about the circumstances that led to Fatima’s killing.

Razeen early this year gave an explosive testimony in court under heavy protection. He has sought sanctuary in the UK after an attempt on his life.

Patel is expected to stand trial for the murder of his mother in 2020.

There have also been attacks on other people close to Patel, but police have not linked him to the incidents.

His father, Firoz, was killed in what was described as a robbery, while Yunus Mayet, the father of Patel’s current wife Nazreen, was also kidnapped and killed.    

Read more on:    rameez patel  |  limpopo  |  murder
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