Prominent news reports about Cape Bar Council and Cape Law Society probes into an allegation that an advocate offered a teenager R20 000 not to testify in the baby Jordan murder trial on Thursday brought the marathon hearing in the Cape High Court to an abrupt halt.
The reports said the Bar Council was to investigate advocate Charles Simon, who until recently represented a teenager and three men charged together with Dina Rodrigues for the murder of baby Jordan-Leigh Norton.
The teenager, who may not be named, this week told Judge Basheer Waglay and two assessors that Simon, in a consultation within the court cells last year, had implicated attorney Tommy Vavatzanidis.
According to the youth, Simon said Vavatzanadis, who with advocate John van der Berg represents Rodrigues, was to have obtained the promised R20 000.
For this reason, the Cape Bar Council is to probe the veracity of the allegation against Simon, while the Cape Law Society is to launch a similar investigation concerning Vavatzanidis.
For technical reasons, advocate Paul Eia temporarily replaced Van der Berg at Wednesday’s proceedings to cross-examine the youth.
At the outset of his questioning, Eia told the court his purpose was to satisfy the court that the youth was ”nothing but a liar”, and that his testimony — implicating Rodrigues in the murder, and about the R20 000 offer — could not be relied upon.
Eia was not present on Thursday when Van der Berg told the court he had obtained advice from senior counsel about the R20 000 saga.
The upshot was that senior counsel had been appointed to take over the cross-examination of the youth from Eia, and that Van der Berg himself, Vavatzanidis, or Simon would become a witness to testify in the trial against the youth.
Although Van der Berg is not implicated in the R20 000 offer, the youth alleges that Simon, Vavatzanidis as well as Van der Berg urged him not to testify, so as not to implicate his co-accused.
Concerning the R20 000, Van der Berg told the court: ”It is a scandalous and scurrilous allegation, and is naturally denied.
”The services of a senior counsel have been lined up, and I have been advised by senior counsel to seek permission, at the appropriate time, for the further cross-examination of the youth.
”To refute the youth’s testimony, we may call Simon as a witness, as well as Vavatzanidis and myself.”
Van der Berg said the need to further cross-examine the youth ”arises now”, and the extent of the cross-examination depended on what Van der Berg, Simon and Vavatzanidis placed before their senior counsel.
Van der Berg added: ”The further cross-examination of the youth will take place.”
Asked by the judge if it was relevant to the trial itself, Van der Berg replied: ”In my view it is collateral, but the court allowed counsel Caryl Verrier, for the youth, to present his evidence.
”The door has been opened, and now it has to be allowed to shut again.”
The hearing was postponed to next Wednesday, to give Van der Berg and Vavatzanidis time to prepare with senior counsel. — Sapa