Stenographer case: ‘unfair trial’

THE case in which a stenographer is seeking R100 000 in damages from a retired magistrate took a dramatic turn in the Durban Magistrate’s Court on Monday.

The 25-year-old woman accused Magistrate Steve Mundhree, 67, pictured, in a criminal case three years ago of sexually violating her in his chambers in November 2010.

It emerged on Monday that Radikantha Sooliman, the psychologist whom the stenographer consulted, was no longer prepared to be subjected to cross-examination by attorney Satch Morgan, acting for Mundhree, and advocate S Jikela, representing the Minister of Justice and Constitutional Development.

The stenographer’s attorney, Logan Pillay, informed Magistrate M Memke that Sooliman claimed she was owed R43 000 in witness fees and would not return to court.

Pillay subsequently closed his case.

Morgan argued that it was highly irregular for a witness, who had testified, to decide not to return to court to be crossexamined.

He said Sooliman’s decision not to pitch at court rendered the trial unfair.

Morgan said the woman’s lawsuit, therefore, had to be dismissed.

He said the stenographer admitted in her evidence that she had not objected to the SMS she received from Mundhree wishing her a happy Eid.

Morgan said the woman also admitted that she did not scream when he attempted to kiss her.

Mundree denied that he attempted to kiss her.

Advocate Jikela said the complainant failed dismally to prove her case.

She also asked that the case be thrown out.

Jikela said while the woman wanted the court to believe her evidence, that she respected Mundhree because he was a senior magistrate, her reaction on the day in question did not cement her evidence.

She said after all the parties returned to court and court was in session, the complainant walked out of the room without being excused.

Jikela said when she was cross-examined on why she walked out without seeking permission to leave the court, the woman said she was traumatised.

Magistrate Memke said she would be in a position to pass judgment only after she acquainted herself with the arguments presented by the respective counsels.