Still feeling too sick to go on with his trial, lion murder accused Richard ”Doctor” Mathebula (41) on Friday asked the Phalaborwa Circuit Court for time to recover from the chest pains that have plagued him this week.
”This morning, I tried to consult with my client. He was not in a position to give me proper instructions,” Mathebula’s counsel, Mathews Kekana, told Judge George Maluleke and his assessors Kate Choshi and Elphus Seemela.
”He says he’s dizzy and he forgets,” Kekana submitted, adding that he thinks this could be attributed to the medication his client was given during a visit to the doctor on Thursday.
He was backed by advocate Duduzi Thabede, for Mathebula’s co-accused Simon Mathebula (43), who was with Kekana when he tried to speak to his client.
”It will be no use if we try to carry on because it appears the accused is in no position to assist this court,” Thabede told the court. ”It won’t serve any justice to proceed the way the witness is.”
”Our only request is that wherever accused number one [Richard Mathebula] is detained, he receive proper medical attention,” added Johann Engelbrecht, SC, for the third accused, Mark Scott-Crossley.
”We appreciate it is in the interest of justice that he be given a fair hearing,” Engelbrecht submitted.
The Mathebulas — who are not related — and Scott-Crossley went on trial in the Phalaborwa Circuit Court on January 24 charged with murdering Nelson Chisale (41) by throwing him to his death in a lions’ camp at the Mokwalo White Lions Project after assaulting him.
The three have pleaded not guilty. A fourth man arrested with them, Robert Mnisi, had charges against him dropped when he turned state witness. He testified on Wednesday.
Possible tuberculosis
Richard Mathebula apparently fell ill shortly after his arrest and was placed on medication, but suffered a relapse this week when it ran out and he neglected to tell his legal representative.
The Phalaborwa doctor who examined him on Thursday suggested Mathebula be taken to hospital for treatment for possible tuberculosis.
The delay has prevented the defence from opening its case, which was to have begun with the testimony of Richard Mathebula. The state closed its case on Wednesday.
Asked by Maluleke on Friday what his problem really is, Mathebula replied: ”I’ve got a chest problem.”
Associating himself ”strongly” with the defence’s submission that Mathebula receive medical attention, the judge said he trusts everything possible will be done to ensure Mathebula is given the necessary help so he is ready to participate in the case when it resumes on February 21.
He reiterated the court’s ”greatest, deepest regret” at its inability to continue and hoped every effort will be made to bring the matter to a conclusion when the case resumes.
It is understood arrangements have been made to take Mathebula to the Tintswalo hospital, in the Bushbuckridge area, for treatment.
According to Kekana, the ailment, which has seen Mathebula’s well-built physique waste away, has ”nothing to do” with an alleged assault on Mathebula in the holding cells of Acornhoek police station after his arrest.
In his explanation of plea, Richard Mathebula has admitted assaulting Chisale with the flat of a panga blade and tying him to a tree on the Scott-Crossley farm. He claimed Scott-Crossley later ordered him to help throw Chisale over a fence into a lions’ den.
Simon Mathebula admitted no part in even the assault.
In his version of events, Scott-Crossley claimed he saw Chisale tied to a tree after he was assaulted and told his co-accused to deal with what he considered was their problem.
He went away — but was drawn into the situation on his return when he was told Chisale was dead in a bathroom. He alleged threats were made to force him to help dispose of the body, which he did, even though under the influence of a considerable amount of alcohol. — Sapa