/ 30 October 2008

Jeppe massacre: Judge lashes out at absent advocate

Johannesburg High Court Judge Ratha Mokgoatlheng lashed out at the country’s legal system on Thursday, saying it has lost its integrity.

”The Bar Council’s ethical standards have been eroded to such a point that a counsel can justify his absence in court by saying he is somewhere in Berea and requests to be fetched,” Mokgoatlheng said.

He was referring to one of the Jeppestown massacre defence advocates, Mlungisi Buthelezi, after he again failed to arrive in court on time.

”It is obvious that particular counsel doesn’t respect the integrity of this court, neither does he respect the integrity of his colleagues and his own integrity as a counsel,” he said.

The judge then instructed Siyanda Mgomezulu to apply for a new legal representative from the Legal Aid Board.

But Mgomezulu refused, saying Buthelezi understood the matter better as he had represented him throughout the trial.

He said the new lawyer wouldn’t understand what happened during court proceedings.

However, the visibly enraged Mokgoatlheng brushed off Mgomezulu’s plea, saying: ”This court will not be held to ransom by a counsel who switches off his phone knowing the case starts at 10am … he has done it before.”

Buthelezi also delayed proceedings on Wednesday when he failed to arrive on time.

Mokgoatlheng postponed his judgement to Friday to allow Mgomezulu to apply for a new legal representative. — Sapa