Sepatela laments unfair trial

Mpho Mokwape | Tuesday January 12, 2016 12:02

 

Tshepo Sepatela, who is appealing his conviction, told a three-man CoA bench that during most of the trial days he was sick but was forced to proceed with the trial.

“At one particular time, I arrived at court feeling extremely sick and when I tried to communicate that to the magistrate she was hostile towards me and told me the trial was going continue even without me,” he said.

Sepatela, convicted in 2013 for robbery, argued that on that particular day he was feeling dizzy, had sore and teary eyes, and could not hear or make sense of what was being said in court.

He explained that he constantly suffered from an eye problem that had occurred after an operation following a car accident.

He also said he suffered from constant pains in the stomach due to food poisoning he got at a party while he was out on bail.

“I never got the chance to cross examine the witnesses as I was really sick and after the trial the magistrate ordered that I be taken to hospital, and when I came back for continuation of trial, those witnesses were never called back so I can ask them questions,” he said. Sepatela said he was never afforded a fair trial especially that it was evident that the magistrate had already taken sides because often the prosecution would be allowed sick leave while he was denied the same.

Quizzed by Justice Ian Kirby as to why he did not raise those objections with the trial court, Sepatela said he was never afforded time to do so or even listened to when he tried to communicate. Judgement has been reserved for February 4, 2016. Justices Kirby, Arthur Hamilton, Monametsi Gaongalelwe presided over the appeal.