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- Apartheid cop Joao Rodrigues lost an application for a permanent stay of prosecution for the murder of anti-apartheid activist, Ahmed Timol.
- The SCA delivered its judgment on Monday.
- Rodrigues was charged with Timol's murder in 2018.
The Supreme Court of Appeal (SCA) has dismissed Joao Rodrigues' bid for a permanent stay of prosecution for the murder of anti-apartheid activist, Ahmed Timol.
Rodrigues previously argued that the delay in his case was not systemic, but deliberate.
READ | Ahmed Timol murder: Rodrigues still has an opportunity to make a full disclosure - family
On Monday, the SCA said it was "... not persuaded the appellant has established that he has or will likely suffer trial-related prejudice if he is not granted a permanent stay of prosecution and is brought to trial. The trial court will be best suited to deal with any issues of potential prejudice. The appeal must, accordingly, fail".
Rodrigues was charged with Timol's murder in 2018 after a second inquest, led by Judge Billy Mothle, ruled the death was not suicide, News24 previously reported.
Timol died in 1971 after falling from the 10th floor of the then John Vorster Square police station, now known as the Johannesburg central station.
Rodrigues worked as a security branch officer at the time of Timol's death. SCA Acting Judge Aubrey Ledwaba said the fact that Rodrigues had been charged with premeditated murder, while Mothle, in his ruling, referred to him as an "accessory does not in my [his] view, assist the appellant because the judge did not prescribe the charges to be preferred against the appellant. The NPA has the prerogative to formulate charges based on the available evidence".
Ledwaba added: "It should be noted that the appellant did not apply for amnesty during the second period (1994-2002) and that it is common cause that those who did not apply for amnesty accepted the risk of future criminal prosecution."
Ledwaba said Rodrigues had been furnished with copies of the police docket, a summary of substantial facts and the indictment.
"His version of the events of 27 October 1971 in the inquest in no way suggests that his memory has faded due to old age as he contended before us."
Ledwaba added:
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