The lawyer representing some of the 11 family members accused of being part of a syndicate that bagged R10m in insurance payouts after ordering hits on victims has withdrawn from the case, allegedly over ethical issues.
Attorney Moses Manthata said they had withdrawn their representation of Thomas Shokane, William Shokane, David Kutumela and Robert Shokane. The Shokanes are the brothers of the alleged mastermind and former police officer Rachel Kutumela. Kutumela is her husband.
The matter was at the Polokwane magistrate’s court for a bail application.
Speaking to Sowetan after the matter had been postponed, Manthata said they withdrew their representation because there were contradicting statements and the accused had “started implicating each other”.
“As you will appreciate, this is a sensitive matter involving members of the same family. Initially, we represented accused number one and two, as well as accused number five through to 11. However, a challenge arose during consultations.
“It became apparent that some of the accused were beginning to implicate one another based on the allegations before court. There were conflicting versions — one would say this, another would say something different,” said Manthata.
“When contradictions of this nature arise, it places us in a difficult ethical position. As legal practitioners, we cannot represent clients whose instructions are in conflict with one another or who are implicating each other. In such circumstances, the only appropriate step is to withdraw as attorneys of record.”
When asked if he could disclose some of the contradictions, Mathata said that would not be appropriate.
“Ethically, I am bound not to disclose confidential information obtained during consultations.”
He said attorneys are required to verify instructions they receive and ensure that what they present before court is consistent and credible.
“Once it becomes clear that there are material contradictions, we are obliged to step aside.”
Allegations are that the syndicate was led by Rachel Kutumela. Other alleged members are her daughter Florah Shokane Kutumela, sister Annah, husband David and four brothers — Thomas, William and his twin Robert Shokane, as well as Johannes Shokane, Selepe who is a cousin, sister-in-law Martha Ruiters and sangoma Benedictor Mataba.
Some of their victims include former spouses of both Kutumela and Anna, Selepe’s former boyfriend, as well as Kutumela’s mentally challenged brother-in-law Neville, who was her husband’s younger sibling.
The matter was postponed to Wednesday.
Sowetan
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