adminMarvelous Moyo Gwanda Correspondent
A DRAMATIC verbal fight between the state and defence counsels characterised yesterday’s trial of businessman and South African national Lourens Marthinus Botha, 65, at the Gwanda Magistrates’ Court after the former “ambushed” the latter with a new witness.Prosecutor Khumbulani Nyoni took the defence by surprise when he brought to the witness stand, Fredrick Wilhem August Lutzkie, to testify against his business partner Botha. Botha is accused of assuming employment at Doddieburn Ranch in West Nicholson as a manager without acquiring a work permit.
Defence lawyer Thamsanqa Khumalo objected to the state’s attempt indicating that Lutzkie had not written any statement in connection with the matter.
“Your worship, I have an objection to the calling of this witness at this stage,” said Khumalo referring to Lutzkie who had already taken an oath.
Matabeleland South Provincial magistrate-in-charge Reuben Mukavhi who presided over the matter had to excuse Lutzkie for a while to allow the defence to state its reasons for objecting.
Khumalo said the state was ambushing them as indications were that it would close its case after the evidence from an immigration officer. “As far as I know, he (Lutzkie) has not submitted any statement to the police and prosecutor. It is my humble submission that the state is ambushing us in that regard and attempting to modify or manufacture evidence as the case proceeds.
“It is my application that if the state wants to use that witness, we should have been served with his statement so that I can also take orders from the accused person before the matter proceeds.
“I also noticed that the prosecutor also had difficulties in calling the witness’ name because it appears nowhere in the docket,” said the lawyer.
Prosecutor Nyoni said Lutzkie’s evidence was crucial as he was recently convicted of a similar charge facing Botha.
Last month, Marais pleaded guilty to working without a permit at the ranch and told the court that Botha was a manager at the game farm.
However, Nyoni said Marais had since returned to South Africa but could do with evidence from Lutzkie as it was important to bringing out the truth.
Magistrate Mukavhi ruled that Lutzkie could only be allowed to testify after defence counsel was served with his statement for the amendment of the defence outline if need arose. A senior immigration officer Tawanda Innocent Hamandishe said the information they gathered revealed that Botha was a manager at Doddieburn Ranch.
He said Botha was last admitted to enter the country as a visitor but surprisingly was involved in the investigations of the recent Doddieburn chopper crash incident, which was opposed to the conditions of his visit into the country.
Meanwhile, Lutzkie also appeared before magistrate Sheila Nazombe charged with possessing camouflage uniforms and disorderly conduct in a public place.
Through his lawyer Vonani Majoko he denied both charges, saying that he was never found in possession of any camouflage material as on the date in question, he was in South Africa.
Although one of the camouflage material was inscribed “Captain Lutzkie”, Majoko said his client was not the only person who carries the surname Lutzkie.
Lutzkie’s trial continues today and Admire Zvongouya represents the state.
Bongani Ndlovu
Online Reporter