Trial fair, argues attorney

AN ATTORNEY has claimed that the absence of a witness to be cross-examined did not render the trial unfair.

Attorney Logan Pillay, representing a Durban stenographer who is suing retired magistrate Steve Mundhree for R100 000, argued this in the Durban Magistrate’s Court yesterday (Tuesday).

He responded to Magistrate M Memke’s concerns at the absence of psychologist Radikantha Sooliman.

Memke said: “This could have legal ramifications because attorney Satch Morgan (acting for Mundhree) and advocate S Jikela (acting for the Minister of Justice and Constitutional Development) had not cross-examined Sooliman.”

Sooliman testified that she had been consulted by the stenographer.

Pillay said Sooliman did not attend because she was owed R43 000 in witness fees.

The court heard conflicting versions about the way the R100 000 lawsuit was drafted.

Morgan told the court that there was no evidence to show that the stenographer was treated by a psychiatrist and Sooliman.

Pillay, on the other hand, said he had submitted proof of Sooliman’s statements to court after Morgan had requested them.

He said the statements formed part of the exhibits before court.

The stenographer sued Mundhree for past and future medical expenses relating to her alleged violation by Mundhree in his chambers at the Durban Magistrate’s Court in November 2010.

Although Mundhree denied he violated her, in the criminal trial last year he was convicted and given a wholly suspended sentence.

He is appealing against the conviction.

The civil matter was adjourned to September.