/ 16 September 2008

Yengeni interference trial delayed

Former Goodwood police station commander Siphiwo Hewana has changed his lawyers, prompting a delay in his trial to answer charges of interfering in a drunken-driving case against former African National Congress chief whip Tony Yengeni.

Hewana faces criminal charges for attempting to defeat the ends of justice, incitement to commit perjury and interfering with the Yengeni investigation.

He appeared in the Parow Regional Court on Tuesday before magistrate Helma Smit.

Prosecutor Barry van der Berg accused Hewana of ”playing delay tactics”, saying Hewana was out on warning, but that if he continued with delaying tactics the state would request that he be taken back into custody.

Van der Berg asked the magistrate to warn Hewana accordingly, in terms of the Criminal Procedures Act.

Attorney Enslin Meyer, who had represented Hewana at his two previous preliminary hearings, told the court he had only been informed on Tuesday that his mandate was terminated and that attorney Greg Duncan was to take over the case.

He said Hewana had initially been suspended without pay because of the charges he faced. Hewana has since been dismissed from his post, and his dismissal is currently the subject of a Labour Court dispute.

Duncan said Hewana had been unable to instruct him in full. He added: ”I was surprised to hear that the trial was to have started.”

He said he needed until October 13 to confirm his instructions to take over the case.

The magistrate warned Hewana that if he continued with his tactics of trying to delay the start of his trial, she would order the case to proceed with or without legal representation. She said she could also make Hewana liable for any wasted costs.

It is alleged that Hewana, as police commander, intercepted Yengeni’s blood sample before it was sent for forensic analysis and placed it unlocked in a drawer in his office, instead of locking it in a safe.

The case was postponed to October 13. — Sapa