Africa-Press – South-Africa. The man convicted of murdering Matwetwe actor Sibusiso Khwinana has made a U-turn on his decision to fire his legal-aid lawyer, in a bid for a retrial.
Tanzanian national Julius Lucas appeared in the Gauteng High Court in Pretoria on Wednesday, where he informed Judge Portia Phahlane that he wanted to continue using the services of the advocate who represented him during the trial.
Lucas, who was found guilty of murder, robbery with aggravating circumstances, and being in the country illegally, had previously fired his legal representative, which resulted in the sentencing proceeding being delayed.
Lucas’ lawyer previously placed it on record that he did not have instructions regarding sentencing proceedings. He told the court that Lucas was unhappy with his conviction and wanted the case reopened with a new advocate.
Actor Sibusiso Khwinana’s murderer fires lawyer ahead of sentencing, wants case to be reopened
“He wants a new lawyer to proceed with the matter,” the legal aid advocate said.
Phahlane explained to Lucas that whether or not he appointed a new lawyer, the matter would not go back to trial, and sentencing would commence.
“We are at a stage where you are supposed to be sentenced. If you have an issue with the merits, there are procedures to be followed. You can appeal the conviction and sentence of this court,” Phahlane said.
She also ordered that Lucas give the court his reasons for terminating the mandate of his legal aid advocate.
However, on Wednesday, Lucas made a U-turn.
His advocate first read the reasons that Lucas gave for his decision to fire his legal representative, which included:
Lucas did not raise any of these concerns until after his conviction.
After reading the letter into the record, Lucas’ advocate then informed the court that he had changed his mind.
“I have taken a decision that my advocate proceed with my case, which is before court. I know I wrote a letter terminating his services. I abandon my previous request that I don’t want him,” a second letter read.
The matter was postponed to 13 May for sentencing.
Murder
Lucas was found guilty of murdering Khwinana during a robbery outside Sterland Mall in Arcadia, Pretoria, in 2019.
In her judgment, Phahlane rejected Lucas’s version that he was at home on the evening of the murder. She accepted the evidence of the witnesses who placed Lucas at the scene and told the court Khwinana was stabbed after running after Lucas, who had snatched his cellphone moments earlier.
Man accused of murdering Matwetwe actor Sibusiso Khwinana found guilty
According to the post-mortem, Khwinana was stabbed in the heart and died before paramedics arrived at the scene.
“The evidence shows that the deceased lost his life to the accused,” Phahlane said.
Khwinana died a gruesome death at the hands of Lucas, who showed no regard for human life, she added.
Phahlane said the State had proved its case beyond a reasonable doubt.
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