The Mercury
Alleged brothel owners Genchen and Ravina Rugnath will appeal to the Acting National Director of Public Prosecutions, Nomgcobo Jiba, to have their prosecution permanently stopped.
Durban – Alleged brothel owners Genchen and Ravina Rugnath will appeal to the Acting National Director of Public Prosecutions, Nomgcobo Jiba, to have their prosecution permanently stopped.
The Umhlanga doctor and his wife, who are standing trial in the Durban Regional Court with Sandile Zweni, Nduduzo Dlamini and Bhabha Dubazani, have now briefed top criminal advocate Jimmy Howse to represent them after last week’s withdrawal of attorney Anand Nepaul.
Nepaul claimed he had had a complete breakdown in trust with his clients and could not represent them.
On Monday, Howse told magistrate Simphiwe Hlophe he was taking over the matter, but he was not available for the trial dates in June.
He had prepared “extensive” representations which were to be sent to the NDPP on Monday.
“The representations deal with the charges, evidence and procedural irregularities. Our request is for the proceedings against my clients to be stopped. The only reason this was not done earlier was the late receipt of documents from the State prior to the start of the trial.”
He said the crux of the case was that the State wanted to prove the Rugnaths guilty of racketeering on an “absurd proposition”.
“The State is working from the premise that they were renting rooms in an area where prostitution was prevalent and they therefore knew or ought to have known that the rooms were being used for prostitution. That is simply absurd.”
He asked that the case be postponed pending the NDPP’s decision and, if the trial were to go ahead, he would only be available before or after June.
Attorney Ashika Ramdularay, acting for Dlamini and Dubazani, said she was opposed to a postponement as it was prejudicial to her clients who have been in custody since February last year.
Zweni’s attorney, Mbuyiselo July, said he would have to bring a new bail application for his client if the trial was stalled.
State advocate Yuri Gangai said Howse could not take on the case and then not be available for the trial.
“They (the couple) have been represented by at least six different people since this case began. This court cannot be held to ransom because they want to change their attorney. Furthermore there is no point in Mr Howse accepting the case if he is not available.”
He added cases of possible interference with witnesses were being investigated and that receptionist Yvonne Shinga, the only State witness who had testified thus far, and another witness, Veena Budram, had been offered “compensation” of R10 000.
He stressed that the couple had already made unsuccessful representations to the NDPP.
“They now want a second bite of the cherry because they were unable to convince the NDPP the first time. This prosecution was authorised by the NDPP personally. There are no grounds for stopping…”
The case was adjourned to Tuesday for Hlophe to give his decision on postponement.
The Mercury
