Durban — By Wednesday afternoon the defence for a man on trial for the alleged murder of a Chatsworth pensioner would have emailed his arguments on the merits of the case.
Judge Mohini Moodley had meant to hear these arguments from both the defence and the State, however Bheki Msomi’s counsel was unable to be in court.
In 2020 Jinsee Ram, who was 73 at the time, was strangled during a robbery at her Khawarstan home. Her daughter Sangetha Prithipaul was assaulted and had her head banged repeatedly on the ground.
She lost consciousness at some stage.
Msomi is on trial in the Durban High Court charged with Ram’s murder and Prithipaul’s attempted murder as well as robbery with aggravating circumstances.
It is alleged that Msomi entered the Ram home with three other assailants – Simphiwe Cele, Mthethunzima ‘Stars’ Mpepho and Luvo Mtshezane.
Cele who was employed by the Ram family was deemed unfit to stand trial and remains at a State psychiatric hospital.
Mpepho, who was arrested by police is a Section 204 State witness and Mtshezane died on the run.
Moodley on Tuesday had adjourned the matter to Wednesday for senior State advocate Khatija Essack and lawyer Sipho Radebe to make arguments, however it was indicated in court that Radebe would not be able to make it to court even if the matter was stood down until after lunch.
“I have spoken to Radebe it seems he will not be ready at 2pm. He’s asked if I can hand in my arguments and he emails his arguments by this afternoon,” said Essack who handed in her heads of argument.
Moodley rolled the matter over to Thursday for Radebe to officially close the defence’s case as well as any further address on the heads of argument submitted.
“The matter will be (set) for judgment on Friday. I have another matter I’m starting on Monday and have to finalise this one. The court can’t hear arguments today, Radebe needs to formally close the defence case on record. I apologise to members that are here to hear further progress in the matter. However, there’s simply nothing I can do further,” she said.
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