Usindiso judgment postponed

What was meant to be D-day for the man accused of starting the deadly Usindiso fire that claimed 76 lives and displaced hundreds has been postponed indefinitely.

Sithembiso Lawrence Mdlalose, 32, faces 76 counts of murder, 12 of attempted murder and one of arson.

His matter was postponed indefinitely after a “final audit” by the state ahead of judgment, which led to findings that the numbering system on the postmortems did not match images, presenting a challenge, the Palm Ridge magistrate’s court heard on Tuesday.

Magistrate Cassim Moosa said the judgment could not be handed down because an audit of the case uncovered problems with the inconsistent numbering system linked to photographs and postmortem reports used as evidence.

As a result, the discrepancies could affect the flow and interpretation of evidence in the judgment, he said.

“The judgment would not be structured correctly, as the numbers appeared to create some sort of confusion in relation to the flow of evidence.

“In the interest of justice, equity, and fairness, we had invited parties in chambers to address this challenge and for a determination to be made on the way forward. It is the court’s perspective that presenting the judgment the way it is and correlating it with the evidence, photographs and post-mortem would create confusion in the flow of evidence. The final part of the judgment would not be structured correctly.”

Prosecutor advocate Thami Mpekane contended that the court’s view was that it was not in the interest of justice to deliver the judgment under the circumstances, so he applied for a postponement so this could be sorted out.

“The request is that the matter be rolled over. The court should not conclude by finding an accused person guilty, but should also produce such evidence. It would be in the interest of justice if the state were given an opportunity to look into these postmortems and photographs and advise the court.”

The application for a postponement was granted.

Speaking to the media after the court proceedings on Tuesday, Mdlalose said he welcomed the extension so the state could get its evidence in order.

“One doesn’t want to be convicted under abnormal circumstances. A criminal case is not a game; it’s been a long three years behind bars.

“There is no life behind bars,” he said.

Mdlalose, who initially confessed to having started the fire, claimed he did not commit the crimes he was charged with.

“I have always pleaded my innocence and did the same during cross-examination. I never committed anything; I was pushed by certain circumstances to say what I said and confess. I’m not guilty of anything. I never killed anyone. All I needed was this second chance at life.”

Sowetan