/ 25 November 2013

Krejcir court hearing postponed in camera

Krejcir Court Hearing Postponed In Camera

Czech businessperson Radovan Krejcir and Desai Lupondo appeared briefly in the Palm Ridge Magistrate's Court on Monday, but proceedings were held in camera.

National Prosecuting Authority spokesperson Phindi Louw told reporters outside the court that the matter was held in camera for security reasons in terms of section 153 of the Criminal Procedure Act.

Louw said this was for security reasons "but I cannot divulge further". She would not comment on whether a specific threat had been received.

Louw said the men made a brief court appearance and the matter was postponed to next Monday for further investigation. Louw could not say what charges Krejcir and Lupondo faced, as these "were not formally presented in court".

It was reported earlier they were expected to face charges of kidnapping and assault, or alternatively attempted murder. The charges were believed to stem from an incident that happened in June.

Earlier on Monday, the high court in Johannesburg ruled Krejcir would be moved from prison to a medical facility. "I find the said expert [Krejcir's doctor] is credible. He has provided more than enough evidence," said Judge Ramarumo Monama. "I therefore find him a reliable witness."

Krejcir's lawyers wanted him moved from prison to hospital amid claims that he was assaulted and tasered following his arrest on Friday.

Renal failure
On Sunday, Krejcir's lawyers requested that he be moved from jail to a hospital, saying he could have renal failure if he was not transferred.

Monama heard testimony from Krejcir's doctor, a state doctor, and a police official on Sunday night.

Krejcir's doctor, who cannot be named for security reasons, recommended that Krejcir be hospitalised. He said Krejcir could face renal failure if he did not get medical attention. The doctor said the injuries suffered by Krejcir were consistent with those of someone who been assaulted.

The state also called its own doctor who claimed he had observed injuries on Krejcir wrists, which could have been caused by the handcuffs. The state argued that Krejcir could receive medical attention in jail.

Monama said the approach of the state in this case was "unfortunate". 

"They concentrated mostly on the peripheral issues," said the judge.

"The issue in this application is not to determine whether the applicant was assaulted or not." He said that would be up to the investigators. The issue was whether he required urgent medical attention. 

Medical treatment
Krejcir had the right, according to the Constitution, to human dignity and medical treatment. "I find the applicant has a proper case," said Monama.

Afterwards, Krejcir's attorney Ulrich Roux said his client was in need of serious medical attention. "We will see to it that the order is implemented immediately."

The respondents (the minister of police) and others were ordered to pay the costs of the application.

The Independent Police Investigative Directorate has said it is investigating Krejcir's assault claims. – Sapa