Confusion and a lack of communication among prison officials on Monday led to a delay in the start of former Hard Livings gang leader Rashied Staggie’s murder trial in the Cape High Court.
The chaos also caused a frustrated Judge Nathan Erasmus, who was to preside over the case, to warn all involved that he would not tolerate unnecessary delays.
Staggie’s case stems from the murder of his brother, Rashaad, who was set alight, allegedly by members of the group People against Gangsterism and Drugs (Pagad), in a street in Woodstock 11 years ago.
Prosecutors Anthony Stephen, SC, and Christiaan de Jong allege that Staggie watched a TV news recording of the incident, and identified members of Pagad who he believed were responsible for his brother’s murder.
At the time of the incident, the two Staggie brothers were the joint leaders of the Hard Livings gang.
Stephen alleges that Rashied Staggie instructed four of his subordinates in the Hard Livings hierarchy to shoot dead one of those identified, taxi driver Mogamad Ryklief. Staggie’s instructions were allegedly carried out on August 7 1996.
Staggie is now in the dock with one of the four people alleged to have carried out the murder, Eugene Mashonga. Both are expected to plead on Tuesday to one charge of murder with two alternatives — conspiracy to murder and incitement to murder.
When the proceedings started on Monday, the judge noted it was already 10.45am. The case should have started at 10am. To make matters worse, the dock was empty — Staggie had not yet arrived from prison and Mashonga was still waiting in a holding cell below the court.
An irate Erasmus ordered that Mashonga be brought up to court immediately. Erasmus then noted that Judge Deon van Zyl had in May postponed the case to August 27.
Erasmus said: ”That postponement was in fact a court order for both accused to be present in court today at 10am. Someone has failed to comply.”
The case was adjourned to 2pm when Stephen explained that Staggie had been in custody at the Helderstroom Prison near Caledon, but had been moved to the Drakenstein Prison at Paarl.
Due to a lack of communication between the two prisons, Drakenstein had expected Helderstroom to fetch Staggie at the Drakenstein Prison, and to take him to court.
At 2pm, Staggie was finally in the dock with his companion.
Erasmus said there were instructions for the police to ensure that awaiting-trial prisoners were transferred from wherever they were being held to Pollsmoor or Goodwood prisons in the Peninsula for their trial in the High Court.
Both Staggie and Mashonga were remanded to Pollsmoor Prison for Tuesday’s proceedings. — Sapa