Murder accused storms out of dock

ONE OF the accused in a murder case stormed out during court proceedings in the Kimberley Magistrate’s Court yesterday.

The accused, Neville Cooper and Faizel Martins (pictured), were charged with the murder of Jan Mokwang after they allegedly threw a rock against his head and assaulted him in 2011.

Cooper also abandoned court proceedings during his last appearance in September, after the accused had complained that they were being treated like “convicted criminals” by the court.

Martins yesterday objected to the State delaying the trial and demanded that the doctor who had previously testified in the case, be called back to the dock.

“The doctor is still under oath. I was not in position to cross-examine her. I am surprised that the State has closed its case. It’s unfair, I’m not stupid. The last time I had Mr Buthelezi as my attorney. I want the doctor to come back as I was not given a chance to ask questions.”

Cooper shortly thereafter disappeared down to the holding cells, leaving Martins to face the magistrate on his own.

Magistrate Veliswa Sityata pointed out that the court had a right to proceed in the absence of the accused and chastised them for making use of “delaying tactics”.

“Cooper unceremoniously marched down to the cells while the court was in session, without being excused by the court,” said Sityata.

She explained to Martins that the doctor was excused, as he had no questions to pose to her.

“We will proceed with the defence’s case. Do you want to testify or remain silent? You marched down to the cells and refused to come up when you were called.”

State prosecutor Cornelia Deetlefs indicated that the case had been dragging on since 2014.

“The family of the deceased have been attending the trial since it started. They need to be given closure.”

She added that the State was ready to proceed and requested the court to ignore attempts by the accused to further prolong the trial.

Newly-appointed legal representative Japie Schreuder requested that the defence be provided with missing transcripts dating back to May to gain clarity as to whether the doctor who testified had in fact been excused on the record.

Sityata ordered that all outstanding transcripts be provided to the defence and postponed the matter until January 29.

“This case will be given preference so that it can be brought to finality.”