The Cape High Court declined on Thursday to subpoena the editor of the Daily Voice newspaper, Karl Brophy, and the publication’s attorney, Jacques Louw, to testify at the Baby Jordan murder trial.
Judge Basheer Wagley chose not to follow the suggestion by senior counsel Jan Heunis, on behalf of Dina Rodrigues, who allegedly contracted four men to murder baby Jordan-Leigh Norton.
It is alleged that Rodrigues wanted to save the father of the baby, her then-lover Neil Wilson, the burden of maintenance payments.
Heunis had been specially mandated by Rodrigues’s defence team, advocate John van der Berg and attorney Tommy Vavatzanadis, to cross-examine teenager Bonginkosi Sigenu, and to ”expose him as a liar” after Sigenu alleged he was offered a R20 000 bribe not to testify in the case.
The youth had alleged that his former counsel, Charles Simon, had offered the bribe. Vavatzanadis was to obtain the money, according to Simon, the youth told the court.
Van der Berg was not involved in the alleged attempted bribe, but had encouraged him not to testify, Sigenu said.
Heunis told the court: ”Not a word that Sigenu has said in court can be believed, but one thing is clear — his case has been hijacked. Sigenu did not appoint his attorney or counsel, and didn’t even know them.
”There are indications that Independent Newspapers are responsible for this and, if so, we ask: Why? There is only one reason — to ensure that the sensational evidence endures.”
Legal saga
The saga involving the Daily Voice and attorney Louw started when Simon, still acting for Sigenu, announced his withdrawal, on the grounds that Sigenu had rejected Simon’s advice not to testify.
This coincided with the sudden appearance of a new legal team representing Sigenu — advocates William King and Caryl Verrier, with Louw as the instructing attorney.
Rumours abounded that the new team was funded by the Daily Voice.
However, Louw and King then disappeared from the scene as suddenly as they had appeared, and Louw explained in a media statement that his withdrawal was due to a clash of interests. His association with the Independent Newspapers group as their attorney was being linked by the media to the case.
Heunis told the court: ”Louw says he got out due to a clash of interests, but it’s hard to see what clash of interests could have happened. The court may want to consider calling Brophy and Louw as court witnesses, in the interests of justice.”
The court is empowered to subpoena anyone as a witness, if the evidence to be given is essential to a fair and just ruling in the case.
Judge Wagley said the issue involving Brophy and Louw is collateral to the trial itself, and that the court has already spent too much time on it. He added: ”I am not allowing it to go on any further.”
The prosecution and defence teams are to present their closing arguments on April 16. — Sapa