Mystery of missing court records
MISSING court records have been central in delaying justice for a Durban man who was sentenced to life in prison for killing a prominent IFP leader in Lindelani, north of Durban.
Nkosinathi Mbopha Chiya, 37, a father of two, was a medical technology student, a fitness fanatic and parttime model. But his world changed forever when he began serving a life sentence for the murder of Thomas Mandla Shabalala, an IFP national council member.
In 2006, Chiya was sentenced after a group of men ambushed Shabalala outside his house in Lindelani’s C Section, near Kwamashu, in 2005.
In light of new evidence, Chiya in 2013 was released on R4 000 bail by the Durban High Court after he had spent seven years in Westville Prison.
Chiya’s former lawyer Lindokuhle Mdletshe said new evidence had come to light which might result in his client’s acquittal. He told the court that the new evidence was in the form of affidavits from reliable sources who would testify.
Chiya applied to have his sentence overturned but this had been put on hold because the court needed to reconstruct aspects of his trial.
On Friday, his lawyer Zamani Ncama confirmed that his client’s court records had mysteriously disappeared. He said this had put a strain on the case because he wanted to argue before the court the grounds on which his client was being charged after the new evidence surfaced.
Details of the conviction and evidence led during the trial disappeared from a computer before they could be transcribed because of a system crash. Only information about the sentencing was available.
Chiya reportedly confessed to
Shabalala’s murder after police assaulted him.
Ncama, who took over the case in 2015, said he had met the State prosecutor and came to an agreement that the matter should be rolled back to court without records.
“It was odd that records could not be found. If documents are missing one would ask which charges is he facing?” Ncama said.
Chiya had sworn statements implicating four people, including a relative of the murdered man, and an affidavit by a Port Shepstone sangoma Dorothy Nokuthula Mhlongo.
Blessed Gwala, provincial spokesperson on community safety and liaison, said the IFP shared the pain felt by Shabalala’s family. He said Shabalala was a great leader.
“His death was a huge loss to the party. We have not been told who killed Shabalala. The wheels of justice have come to a halt. I don’t know whether it is deliberate or the weakness of the justice system, like other cases. We wish this matter to be expedited to close this chapter. Chiya’s freedom depends on the fairness of the system.”
Chiya said he held no grudges against his community who had shunned him. He said the case had drained him psychologically because he was always branded a criminal when he had to fill official documents.
“I have this dark cloud hanging over me. My sickly mother never recovered after my arrest. I often imagine where my life would be had I not been wrongfully arrested,” he said.
Kwazulu-natal Director of Public Prosecutions, advocate Elaine Zungu said the prosecution cannot be held responsible for providing the record of the transcribed proceedings of Chiya’s trial documents. She said the issue of the missing records must be directed to the Registrars of the Court / Court Manager where Chiya’s case was finalised.
She said the onus was on him to bring an argument that the findings of the trial court erred in convicting and sentencing him.
“He must provide the appeal court with the transcribed record of the proceedings in which he was convicted. The State represented by the prosecution will then be provided with an opportunity to respond to the application brought by the appellant, and a ruling by the appeal court will then be made either in favour of Chiya.”
I often imagine where my life would be had I not been wrongfully arrested Nkosinathi Chiya MURDER ACCUSED