Convicted killer Rassie Nkuna who is accused of the murder of EFF deputy president Godrich Gardee’s daughter Hillary and another woman, may have to represent himself when the matter returns to court next month.
This comes after the state made it clear to Nkuna on Tuesday that it will apply for him to represent himself to avoid further delays if he fails to get a lawyer, as he had already fired the three that Legal Aid SA had provided for him.
“The state hasn’t filed for the application, but we intend to do so in case the accused doesn’t bring a legal representative in the next court appearance,” prosecutor Adv Themba Lusenga told the Mpumalanga High Court in Mbombela.
Nkuna is accused of murdering Hillary Gardee and Nonkululeko Crystal Nkosi.
He is also on trial in Gauteng for the murder of Lucky and Sabeliwe Mogashoa, whom he allegedly killed in the presence of their two children, aged one and six.
Nkuna’s trial for the murders of Gardee and Nkosi was supposed to get under way last week but was postponed after he fired his third legal aid lawyer, Adv Malesela Kekana.
On Friday, the court was told that the legal aid board in Mpumalanga was applying for a judicare lawyer (a private lawyer to be paid by legal aid).
This man is playing delaying tactics.
— Gardee family spokesperson Collen Sedibe
However, on Tuesday morning, Mavis Moloi from Legal Aid SA’s provincial office told judge Lindiwe Vukeya that the application to secure a private lawyer for Nkuna was rejected due to financial constraints and also because he had fired the three lawyers he had already been provided with.
“I have a letter from my superiors stating that Legal Aid SA is not able to hire a judicare lawyer for the accused,” Moloi said.
“[The reasons were] that Mr Nkuna had already fired three legal representatives provided to him.”
Nkuna accused Moloi of lying, saying he did not fire three lawyers.
“Adv Mabasa... I didn’t fire him, but when the case was postponed to Mbombela, he told me he only works in the Highveld. Mabasa was a good lawyer and the way he approached me was good,” said Nkuna.
The matter was then adjourned to check if Mabasa was able to represent Nkuna in Mbombela.
The court was told that Mabasa would only be available on November 18.
Vuyeka told Nkuna: “You know that the state intends to file an application that if you do not come with a lawyer, you will leave the court to decide if you have to conduct self-defence. Since it is said that you have tendencies of firing your legal representatives, do not fire Mabasa because you will leave the court to decide on the matter of delays caused and you might have to conduct self-defence.”
Gardee family spokesperson Collen Sedibe told Sowetan they are disappointed by the delay.
“This man is playing delaying tactics; we always come here thinking we will go closer to justice for our daughter, but each time he comes, there’s a tactic to delay the trial.
Sowetan
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