The lawyers for UK fund manager Shumsheer Singh Ghumman have brought an bid to reopen the defence’s case.
|||The lawyers for UK fund manager Shumsheer Singh Ghumman have taken issue with the manner in which Deputy Director of Public Prosecutions (DPP) Billy Downer SC presented the conspiracy to commit murder case against the convicted stalker.
On Monday, on the day that Cape Town Regional Court magistrate Herman Pieters was expected to give judgment, Ghumman’s lawyer, advocate Francois van Zyl, SC, brought an application to reopen the defence’s case.
It is alleged that Ghumman came to South Africa last January to hire someone to kill Hannah Rhind’s father, Philip Rhind.
He admitted in court during the trial that he petrol-bombed the Rhind’s Clifton home and slashed the tyres of one of their vehicles.
Ghumman stands accused of attempted murder, alternatively arson, incitement to commit murder, fraud and malicious damage to property.
At the centre of the application is the allegation that Downer, who consulted with alleged hitman Siyabulela Yalezo, called State witnesses to testify in the trial, knowing that when Yalezo testified, he would not corroborate what the witnesses said. This emerged in an affidavit Downer made about a consultation he had with Yalezo on August 2.
Downer said that in Yalezo’s statement, he had alleged that he had been offered R10 000 to kill Philip Rhind but then when he testified in court, he denied this. Yalezo was then discredited as a witness and his evidence struck from the record.
Soon afterwards, the State charged Yalezo with perjury and brought an application that hearsay evidence regarding what Yalezo allegedly told a few witnesses be admitted. The application was granted.
“At the consultation on August 2 (last year), Yalezo didn’t repeat the crucial parts related to the incitement charge and said he felt uncomfortable,” Van Zyl argued.
He argued that Downer, who testified during a trial within a trial that Yalezo “clammed up” when he was asked about the incitement charge, had known there was a great risk that he would not testify about it in the witness box.
“This has prejudiced my client and his right to a fair trial,” Van Zyl added.
He also argued that Downer had been ready “immediately” to argue that hearsay evidence be admitted. Downer hit back, saying he took exception to Van Zyl’s argument and that he had had a pro-forma argument available, when in fact he had sat up until 3am the next day to prepare his arguments. Downer had withdrawn as the prosecutor and was called by his colleague, prosecutor Fiona Cloete, to testify about the affidavit he had taken from Yalezo.
Downer said Yalezo was a “difficult witness”, and that he had thought he would testify about two previous statements he made to police where he said he was hired by Ghumman to kill Phillip Rhind.
The presiding officer allowed Van Zyl to hand in Downer’s affidavit as evidence.
Judgment is expected on February 29.
jade.witten@inl.co.za - Cape Argus