Mondli waka Makhanya
ALLEGATIONS of intimidation in the Amy Biehl murder case in Cape Town have exposed the states inability to protect witnesses. Witnesses in the case are reluctant to testify before an open court for fear of their lives.
Initially sensational in every respect, the trial has now developed a tedium that has visibly bored most parties involved. The crowds that used to gather outside jeering the prosecution and the Biehl family, when they visted the court, has dwindled to a handful of a hardcore supporters consisting of mothers, lovers and a few comrades of the accused. The public has moved on to another sensational trial — that of two Spur franchisees who allegedly murdered a third business partner.
In the dock, the three men accused of murdering Biehl — Mongezi Manqina, Mzikhona Nofomela and Vusumuzi Ntamo — stare blankly ahead, seemingly uninterested in the protracted arguments about their fate. Their supporters in the public gallery use the time during legal argument to catch up on lost sleep or exchange whispers and giggles.
Much of the tedium in the courtroom is due to one man: defence counsel Justice Poswa. Ever alert, Poswa seems to have adopted as his strategy the wearing out of his opposition. He picks out every fine point in the prosecutions case and launches into marathon speeches, which are interrupted only by interjections from Mr Justice Friedman. More often than not, Poswa wins his battles.
This week it was about whether state witnesses should be allowed to give evidence in camera. Prosecutor Nollie Niehaus and investigating officer Sergeant Ilmar Pikker argued that witnesses were to afraid to testify.
But Poswa would have none of that. A previous witness who testifed was still alive, he said, so the witnesses had nothing to fear. Furthermore, witnesses would be more prone to lying if the trial were to be held in camera.
Judge Friedman was due to make a ruling on the point on Thursday.