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Bruce Ndlovu
JUSTICE delayed is justice denied. If this mantra was true, then the trial of Preshalin Naidoo, the man who was in charge of the vehicle that caused the death of the late Top Billing presenter, Simba Mhere, should have come and gone.
That fatal accident took place on 31 January in 2015, and now there are high chances that that it is going to drag on beyond two years as the accused and his lawyers keep on finding new innovative ways of delaying a case that is fast slipping out of the limelight, as memories of the late star fade in the public consciousness.
The latest delay came a fortnight ago, when the case was again postponed until the end of this month.
Lawyers of the 21-year-old Naidoo objected to the Statea��s request to introduce new evidence which a new witness would present. The witness was expected to present data from a GPS tracking company.
Francois Roets, for Naidoo, told the court he could not allow the evidence to be admitted without checking whether it was admissible and reliable. Roets challenged the State to tell the court about the nature of the evidence.
This was just the latest in a long list of delays that have plagued the case over the past 20 months.
Prosecution of Naidoo was weakened from the start by the fact that police officers seemed to have bungled the post accident scene where Naidoo, who allegedly reeked from alcohol according to eye witness accounts, was not tested for any intoxicating substances.
When proceedings began in August last year, the matter could not proceed because Preshalin Naidooa��s lawyer said he still needed time to consult with the counsel, who was attending another matter in the high court, who was expected to represent Naidoo if the matter went to trial.
After proceedings began that month, the trial was then postponed until October of last year to give his defence team time to study the accident report submitted by the reconstruction officer.
Drama seems to be the only constant in the case and this was best illustrated at the resumption of proceedings in October.A� After the defence launched an unsuccessful bid for a postponement, the magistrate called for the trial to begin without further delay.
The news was greeted with elation from Mherea��s family, who saw light at the end of the bleak long tunnel but their joy was short lived as the accused dropped a bombshell on proceedings. Before their seats were even warm in the Randburg Courthouse the accused asked for his lawyer to step down as his official representative, citing a breakdown in the paira��s relationship as the reason for the decision.
The trial was inevitably postponed to December. The delay was particularly hard for Mherea��s family to swallow, as they had hoped for justice on what would have been his birthday.
a�?The family is obviously disappointed that the matter didna��t proceed today, but are satisfied with the prosecutiona��s work to point out that the accused is not taking this matter as seriously as the family involved. With it being Simbaa��s birthday, at least there is some positivity in knowing that the case will now go forward properly,a�? a family spokesperson said at the time.
A year later, the case has hardly moved an inch.
Another delay followed in December and yet another one in April this year, this time due to the unavailability of legal teams involved.
In July, the matter was further delayed as Roets claimed he was sick and therefore could not attend court sessions.
derick.khumalo