The Limpopo High Court has reconsidered its decision to proceed with the rape and murder trial despite the accused refusing to testify in the absence of a legal representative.
Mpho Godfrey Nemagovhani, 38, had on Wednesday refused to cross-examine state witnesses after he fired his legal aid lawyer Ruth Scott on Tuesday for failing to take instructions and being impatient with him. Judge Gerrit Muller then ruled that the proceedings should continue and Nemagovhani should represent himself as he deliberately fired his lawyer.
However, on Wednesday morning Muller reconsidered his decision and ordered that Nemagovhani be afforded an opportunity to enlist services of Judicare lawyer to be facilitated by the legal aid. “I have reconsidered my decision and Nemagovhani will now have the opportunity to a private lawyer arranged by the legal aid. The case is postponed to February 25,” he said.
Nemagovhani is on trial for the rape and murder of Mosike Moabelo, 11, from Koopo-Rita village outside Tzaneen, which took place in 2009.Prosecutor Ronald Sithada said the state had concluded its case with the testimony of a forensic pathologist on Wednesday.
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