Durban — The pre-trial for a police constable charged with the murder of his mother which was supposed to get under way on Tuesday in the Pinetown Magistrate’s Court collapsed as the presiding magistrate refused for an attorney representing the officer’s counsel to withdraw his services.
KwaDabeka Constable Lungisani Xaba is charged with the murder of his mother, Greta Xaba, 70. He is alleged to have assaulted her with a wooden plank with nails in it on May 6 in KwaDabeka, near Pinetown.
On Tuesday lawyer CS Mendlula, on behalf of Xaba’s lawyer S Mkhize, told the court that Mkhize was out of Durban and on his behalf he was withdrawing as Xaba’s counsel.
“No, you can’t do that. Mr Mkhize has to do that himself. Statements were given to him (Mkhize) and the matter was adjourned to today for a pre-trial conference,” said magistrate B Asmal.
Xaba’s new counsel was present in court in anticipation of taking over the matter from Mkhize. However, magistrate Asmal adjourned the matter for Mkhize to present himself before court to formally withdraw.
Heading into the pre-trial, the State, when it comes to evidence, will be armed with a post-mortem report, a report from a handwriting expert, DNA relating to the exhibit used to inflict injuries on the deceased and a crime scene photo album as well witness statements. Xaba was arrested on May 7 in KwaDabeka for assault with intent to cause grievous bodily harm. But the charge was changed to murder on May 8 after Xaba’s mother died.
He remains behind bars after having been refused bail previously by Magistrate Wendalynn Robinson in July.
One of the reasons that she cited in refusing Xaba bail was that the investigating officer had told the court that Xaba was familiar with some of the State’s witnesses as well as the testimony they were expected to give. However, in his affidavit he was adamant he did not know the witnesses.
Magistrate Robinson at the time said in reaching her ruling the court also took into consideration factors, including the charge against Xaba, the prevalence of this type of offence, the nature and grounds of the charge, the strength of the case against Xaba, the nature and gravity of punishment to be imposed should he be convicted as well as his relationship with some of the State witnesses.
Xaba, prior to his arrest, had been working at his station since 2010.
Daily News