Rodriques defence may seek stay of prosecution in Timol case

The case against apartheid-era Security Branch sergeant Joao Rodrigues, who is implicated in the death of anti-apartheid activist Ahmed Timol, finally began in the High Court in Johannesburg yesterday.

High court Justice Ramarumo Monama took the case firmly in hand, insisting all applications must be in this week before the court reconvenes on October 22.

It is believed the defence, led by advocate Jaap Cilliers, might apply for a permanent stay of prosecution, possibly based on Rodrigues’ ill-health and advanced age.

In 1997, the Constitutional Court found in Sanderson versus Attorney-General, Eastern Cape (CCT10/97), that such a remedy would be radical.

“It is appropriate at this juncture to make some brief observations about the remedy sought by the appellant,” wrote Justice Johann Kriegler. “Even if the evidence he had placed before the court had been more damning, the relief the appellant seeks is radical, both philosophically and socio-politically.

“Barring the prosecution before the trial begins – and consequently without any opportunity to ascertain the real effect of the delay on the outcome of the case – is far-reaching.

“It prevents the prosecution from presenting society’s complaint against an alleged transgressor of society’s rules of conduct. That will seldom be warranted in the absence of significant prejudice to the accused,” Kriegler said.

The judge said: “I want to make it clear, whatever the applicant intends to bring, it must be exhaustive. The reason why I’m saying this is that there are matters where delay [tactics] become very obvious.”

Monama spoke of a matter which continued for four years because it had gone to the Constitutional Court, and when it returned to the high court, the legal team was fired.

“A new team was brought in, which again raised another ground for the stay of application. So that makes it clear that was about delay tactics.

“What I want understood in this matter is that the application must include all the grounds the applicant is relying on in order to avoid anything of the nature that I described here,” said Monama. “So it must be exhaustive,” he repeated. “I’m not going to allow piecemeal delay tactics to delay the commencement of this trial.”

Timol’s nephew Imtiaz Cajee welcomed Monamo’s handling of the case. “Ironically, it was on October 22, 1971 my uncle was actually detained,” said Cajee.

It has been one year and three days since the High Court in Pretoria found that those implicated should be prosecuted.

“So we are hoping and praying these legal delays from Rodrigues’ defence team come to an end and that court proceedings finally commence,” said Cajee.

“Rodrigues is already 79 years old and we cannot forget that a year has passed since Judge Billy Mothle made his ruling and we’re still waiting for court to commence.

“Yes, we’ve made progress, but we pray proceedings can be escalated and we want to hear on what grounds [Rodrigues] wants a permanent stay of prosecution.”

It was claimed by the security police 41 years ago that Timol committed suicide by jumping through a window on the 10th floor of the then John Vorster Square police station, now Johannesburg Central. Timol was the 22nd political detainee to die in police custody, and the first of eight at John Vorster Square.

I’m not going to allow piecemeal delay tactics