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[File image]: Nafiz Modack in a court room.
Nafiz Modack’s lawyer, Advocate Bashier Sibda submitted to the court that he is unable to proceed because he still has to consult and verify the witnesses.
He added that there’s detailed issues that he still has to go through with the witnesses before he can present evidence.
Sibda also revealed that a prison official from Pollsmoor Prison prevented him from consulting one of his witnesses after a court order was issued.
“For example, I’ve consulted over the weekend, hoping that I’ll be able to have a witness here now and say, my Lord, I do actually have a witness that, that now didn’t pan out. I’ve got an expert witness.”
Presiding Judge Robert Henney told Sibda to close his case if he does not have any more witnesses with relevant evidence.
Henney told the defense that the continuous request for postponements is an abuse of process
“I cannot postpone every time, and I will not postpone every time, and I will not let you. That’s because it’s an abuse of process,” adds Judge Henney.
State prosecutor Greg Wolmarans has argued that the delays are unreasonable and unjustifiable.
Wolmarans also argued that further request for postponements are deliberate from the side of the defense and the court should deem the case closed because it increases prejudice to other accused
“As indicated earlier, the cause of these pervasive delays appears to be accused number one and his abusive process. He is, without doubt, the person to be blamed for the delays. The state submits that the perception, and it’s a well-founded perception, is that proceedings are meandering, with drifting. The defense case of accused one seems to be proceeding without purpose or direction, other than a clumsy attempt to cause delay,” explains Wolmarans.
The defense has indicated that it will consider re-opening its case should the court decide to close it.
Judge Henney will make a ruling on the matter on Wednesday. -Reporting by Yonda Magubudela
Nafiz Modack Trial | Judge orders written submissions from defence, state
