Calls for shorter criminal trials
| Published date | 04 May 2024 |
| Author | Genevieve Serra |
| Publication title | Weekend Argus |
Fakier’s murder trial is one of several running for years on court rolls across the province, seeing various delays due to the backlog of evidence, absenteeism of judicial staff, prisoners and the accused, the changing of the defence counsel and for other administrative reasons.
Last month, the Western Cape Department of Police Oversight and Community Safety’s Court Watching Briefs unit reported that in the third quarter, October 2023 to December 2023, it monitored 265 cases at 10 courts, which has jurisdiction over 35 SAPS stations across the provinces – and that all 265 cases were struck off the court roll due to systemic inefficiencies in the police.
During a parliamentary question on the DNA backlog last year, it was confirmed DNA case entries stood at 55 891 and there was a backlog of 636.
On April 26, Elridge du Plessis together with his relative Denzel du Plessis, made a brief appearance in court where they heard judgment would take place on May 24.
Magistrate Karel Meyer said he would be giving a detailed verdict based on previous case studies.
Fakier’s case made headlines in January 2018 when she was doused with petrol and set alight by her attackers.
The State is set on proving Du Plessis premeditated the murder after he had allegedly accused Fakier of stealing drugs from him. Fakier, who was also beaten during the ordeal, was hospitalised where she managed to name her attackers before she died.
Fakier’s relative, Fadwah Vardien, who has attended court hearings since the start of the case said they were secondary victims because of the delay in justice.
“For six years we have been sitting on that bench, every single time someone testified something new, we wept, we cried, we had to console one another,” she said. “It felt like we were also on trial.
“We were never given the reasons why this case was delayed for such a long time, there were lawyers being absent or the accused applying for bail.
“How can a trial run for six years? Now finally the verdict is here and we want justice. Her eldest son was 11 years old at the time and now he is 17 and he wants answers.”
National Prosecuting Authority’s (NPA) Eric Ntabazalila said du Plessis’ case was delayed due to the change of legal representation: “The State and Defence cases are...
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