Murder suspects fail in bid to have trial dropped

THREE murder accused – behind bars for the past seven years – have failed in an application for a permanent stay of prosecution.

Judge Dayalin Chetty said yesterday that the men were not the only ones to be prejudiced by the delays caused by the death of the trial judge.

There were also the witnesses and the victim’s family to consider, he said.

While it was unfortunate that the presiding judge, Bonisile Sandi, had died before he could deliver his judgment, many of the delays leading to the trial had been caused by the accused.

Mzuvukile Foli, Fuzile Kosana and Athenkosi Mtshayisa were charged alongside Khangelani Matebe, Fundile Nqwensu and Luyanda Nkolose of breaking into a St Albans house in August 2010 and beating the homeowner, Floris Kruger, to death.

After a lengthy trial in the Port Elizabeth High Court, judgment was reserved on October 20 2015.

Due to Sandi’s bad health, judgment had still not been given when he died on March 2.

The murder accused were then informed that their trial would have to start afresh, which they objected to angrily by refusing to enter the court and participate in proceedings.

An application was brought by three of the men later for a permanent stay of prosecution.

But Chetty said yesterday that many of the delays leading up to the trial had been due to the “shenanigans” of the accused.

“The inference is irresistible that the continuous postponement of the judgment thereafter was intrinsically linked to the progressive debilitating illness of the judge,” he said.

“His demise negates any suggestion to the contrary and I am satisfied that the delay was not attributable to any wilful default on the part of [Sandi].”

A new trial date will be arranged.