When a murder charge hangs over
Lebogang Baingapi | Friday February 3, 2017 15:23
Being suspected of crime is a nightmarish experience. The trauma is amplified when the crime happens to be a violent murder.
For Morgan Kagiso* the nightmare began in 2012 when he was accused of killing his girlfriend with a knife. Since then, he has been in and out of maximum prison, escorted under heavy guard in iron chains, from one appearance to another. One Christmas after another, one Independence Day after another, Kagiso has watched the years slip away while he awaits his trial.
In those years since his first arrest, Kagiso has tasted freedom twice. He was first released six months after the incident on bail, then remanded in custody again when the matter was committed to the High Court.
Last December, he again whiffed freedom when he was granted bail due to ill-health. He joined his family for the festive season and sat down to tell his tale of life with a charge of murder hanging over his head.
“I remember one day at maximum prison. A strong wind blew outside and accidentally a leaf fell into our cell. We called each other and looked at that leaf with amazement.
“We assumed it was indeed raining outside. The feeling was good and for a second, it felt like we were outside the prison walls.”
Kagiso recalls how his family struggled to control their emotions when they saw him over the festive season, the first time in years. The 34-year-old had shed a lot of weight and was much darker in complexion due to the lung problems that eventually saw him granted bail in December. His children, nieces and nephews all appeared grown to him and they were unable to recognise him, he says.
During the interview, he coughs uncontrollably and struggles to regulate his breathing. His feet are visibly swollen and he says he has not walked a long distance in the past four years.
“We are kept in small cells. The toilet, kitchen and bathrooms are all inside. The only outside you see is when you go to court. My feet are not used to walking long distances and they are painful,” he says.
Everyday of his life, Kagiso lives with the knowledge that a murder case is gathering strength over his head. He can make no plans and he has no clue where his life will lead to.
Behind bars, he recalls one time when news spread that a death row inmate had lost his final appeal at the Court of Appeal.
“We heard he would be hanged the next day in the morning.
“No one could sleep that night. In the morning, we heard the prison walls shaking with inmates thumping them. We knew he was gone.
“His face still haunts me when I sleep,” Kagiso says wistfully.
The 34-year-old still has his own battle to face, one which could result in a fate similar to the former death row inmate. For the time being, he says he minds how he speaks to people and what he does, in order not to prompt a revocation of his bail.
Ends…
*Morgan Kagiso is a pseudonym. Mmegi will not name the accused, nor provide details of his crime (s), in order to preserve the integrity of judicial processes.