The Citizen (Gauteng)

Cable theft trial iced

CHANGE: NEW PROSECUTOR ASKS FOR TIME TO STUDY CASE FILES

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Heavy police presence in court after violent conduct from suspects.

The case against 22 people accused of being part of a cable theft syndicate was again postponed in the Scottburgh Magistrate’s Court yesterday. Prosecutor Yuri Gangai asked for an adjournmen­t in a bid for time to study the case he had taken over.

Gangai said the decision to appoint him as prosecutor should “not cast any negative reflection­s on the prosecutor­s who had previously handled the case.

“There is no suggestion of impropriet­y on their part, whatsoever.”

There was heavy police presence during the appearance of 21 of the accused, with 15 officers wearing helmets and carrying shields and truncheons in the small courtroom.

This follows the assault of advocates Annelize Harrison and Ayesha Bissessur during the previous appearance of the 22 suspects on January 23.

The accused had become angry about the postponeme­nt.

During the attack, lawyers, orderlies and magistrate Ambrose Mfayela fled the courtroom, leaving the two prosecutor­s at the mercy of the 22 men, who threw furniture at them.

A stenograph­er and a translator then apparently came to their rescue, throwing back furniture at the attackers.

The 22 suspects were believed to be part of a group of 26 who were arrested in 2012.

According to a Daily News September 2014 report, the accused were facing 189 charges. Investigat­ors still had to probe cellphone data of 1.5 million calls made among the suspects over an 18-month period.

At the time, the newspaper also reported that one of the accused, Lindinkosi Xulu, had allegedly stolen cables from Transnet worth about R388 000.

Following the theft in July 2012, a train derailed in Howick/Hilton, resulting in damage totalling R57 million. This also impacted 1 700

This should not cast any negative reflection­s on the prosecutor­s who had previously handled the case. There is no suggestion of impropriet­y on their part, whatsoever.

businesses in the area.

The two prosecutor­s who were assaulted, from the National Prosecutin­g Authority’s organised crime unit, had apparently complained about concerns for their safety.

Gangai yesterday told the court that up until the fracas in January, the prosecutio­n had been ready to proceed and that delays had been as a result of the defence bringing various applicatio­ns. He told the court the docket consisted of 500 000 pages.

Apart from one man, the rest had been in custody since 2012.

Two of the six defence attorneys told the court they would bring an applicatio­n on April 13 to have the matter struck from the court roll.

Initially, the hearing was closed. But after representa­tions from the media and families of the accused, the restrictio­n was relaxed.

Magistrate Mfayela postponed the matter to April 13. – ANA

Yuri Gangai Prosecutor at the Scottburgh Magistrate’s Court

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