Lawyer AWOL as death penalty looms over client
Tumelo Mouwane | Thursday June 29, 2017 16:30
Joina’s unexplained absence from court forced Tafa to postpone the session to September 14, a decision met with visible disappointment by family members who travelled great distances hoping to finally see justice in their relative’s death.
Last month, Tafa convicted Tshiamo Kgalalelo and Mmika Mpe for abduction, robbery, murder, motor vehicle theft and arson. In a well publicised incident, they strangled their former employee, Reinette Vorster before burning her body inside her car. The incident took place on January 30, 2014.
With the conviction wrapped up, Joina representing Kgalalelo and Archibald Gijima for Mpe, were set for a crucial extenuation and mitigation session yesterday in which they were to attempt to save their clients from the death chamber.
However, Joina was nowhere to be seen, earning him the ire of Tafa who said he read fishy motives in the prominent attorney’s disappearance.
“I still have to investigate why Joina could not be present in court today,” a visibly annoyed Tafa said.
“I am aware that he was present in court when the date was set and I feel what I hear has some elements of untruthfulness.
“Unfortunately, we cannot continue with presentation of extenuating circumstances and mitigation today because attorney Joina is not present in court.
“I thought we would close the case today.”
Judge Tafa apologised to the victim’s family for the costs they have incurred in the matter as some travelled from Pretoria and Gantsi.
He said due to the nature of the offences involved, it was necessary for the convicts to have an opportunity for extenuation and mitigation.
“This being a murder case, I feel obliged to postpone the matter in order to give the attorneys a chance to present oral extenuating and mitigation submissions because this is an offence that might attract a death penalty,” he said.
The judge ruled that written submissions be filed 14 days before September 14. Oral submissions will be made on that day.
State prosecutor in the case, Lezibo Emang said he was not aware where Joina was, but said he had attempted to contact him a few minutes before court began.
“I just called him a few minutes ago and his secretary informed me that he was out of the office,” Emang told the court.
Representing Mpe, Gijima said he was ready to continue but had also considered the other convict’s right to representation.
“I was prepared today to present our submissions, but we are also considering postponement in order to observe the other accused person’s right to legal representation,” he said.
After the postponement, the Vorster family stood outside the court in disappointment, while the two convicted men equally wore faces of concern.