A defence request on Monday for a two-month postponement in Najwa Petersen’s trial for the alleged murder of her husband led to acrimonious exchanges between her new senior counsel and Cape High Court Judge Siraj Desai.
Senior counsel Klaus von Lieres und Wilkau told the court he had only been approached late last Friday by new instruction attorney Joshua Greeff to replace Petersen’s former senior counsel.
Von Lieres said he needed the indictment as well as a copy of the police dossier, but former instructing attorney John Riley, who had the documents, was unwilling to make them available to the new defence team.
Von Lieres added: ”By then, it was late on Friday, and no indictment or docket were available.
”It was only this morning [Monday] that the prosecutor [Shireen Riley] made the documents available.”
Von Lieres’s request for a two-month postponement caused a stir in the packed public gallery.
This prompted Von Lieres to remark: ”I hear the hounds baying for blood.”
Desai replied: ”That is the public’s reaction to your request.”
Von Lieres replied: ”Your Lordship has in the years gone by dealt with criminal cases whilst still practising at the Bar, and your lordship has experienced the many intricacies — in this case, we have four accused, not just one.”
Von Lieres said the state alleged a conspiracy and a common purpose between the four accused to put into operation the plan to kill Petersen’s husband.
He added: ”My client is entitled to be properly informed about what the state relies on.”
Von Lieres said the police docket comprised three thick files, which required time to peruse.
Desai said it should take no longer than an hour or two to peruse the docket.
This prompted Von Lieres to remark: ”This is not a cowboys and crooks novel.”
Desai took strong exception when Von Lieres said he was not accustomed to ”bargaining” in court.
Desai said he was willing to give a postponement to April 7, but Von Lieres asked if it could be extended to April 14.
The judge said: ”You are now bargaining.”
Von Lieres replied: ”Yes, indeed I am.”
Desai asked what would happen if, after two months, Von Lieres was still not ready.
Von Lieres replied: ”I cannot in my wildest dreams imagine that I will not be ready.” — Sapa