Only 35 years, mocks Krejcir

Has Judge Lamont’s alleged mistreatment of Radovan Krejcir constituted a violation of his constitutional rights? His lawyer thinks so.

|||

Johannesburg - Radovan Krejcir may have been sentenced to an effective 35 years in prison, but has Judge Colin Lamont’s alleged mistreatment of the Czech constituted a violation of his constitutional rights?

This was what Krejcir’s current attorney, Cliff Alexander, questioned, claiming he had been denied access to his client.

The high court in Joburg handed Krejcir and his five co-accused double-digit prison sentences on Tuesday, with Judge Lamont explaining that the severity of their crimes, namely kidnapping, attempted murder and attempted drug dealing, warranted severe punishment.

 

 

While his co-accused were all represented by their respective legal teams, Krejcir was forced to represent himself because Alexander was appearing in another case.

During court proceedings this week, Krejcir begged Judge Lamont to let him contact his lawyer and possible witnesses to assist in his sentencing arguments.

He told the judge he had not had access to Alexander’s counsel since February 6, nor had he been allowed to use the phone at Zonderwater Prison, where he is being held temporarily.

On Tuesday, Krejcir explained to the court that his warders at the prison had insisted he obtain an order from the court before he could phone his lawyer, but Judge Lamont, as he did the day before, was unwilling to grant the order.

 

 

Alexander confirmed to The Star that Krejcir had been unable to contact him, and explained he had been able to consult with the Czech fugitive on only one occasion. He added that during that visit, their entire meeting was monitored by prison officials, and he was “chased away” after about 90 minutes.

In terms of section 35 (2)(b) of the constitution: “(Anyone who is detained has the right) to choose, and to consult with a legal practitioner.) Section 35 (3) (b) also states that any accused person has the right “to have adequate time and facilities to prepare a defence”.

Alexander said that because Krejcir was forced to defend himself, it was a possible violation of his rights that he wasn’t given a reasonable amount of time to prepare himself for the sentencing proceedings.

 

 

“Judge Lamont is very astute. He’s aware of these factors, so I’m very surprised,” said Alexander.

He added that in Krejcir’s inevitable appeal, these would be used as part of the argument to overturn the sentencing, though his conviction would also be appealed on the basis that Judge Lamont had allegedly been biased throughout the trial.

Krejcir had been adamant throughout proceedings that Judge Lamont had shown significant bias.

The Czech said media reports accusing him of hatching plots to escape or kill the judge had poisoned the court and society at large against him. “Maybe the solution for everybody is if I was killed or committed suicide,” he said.

Krejcir, businessman Desai Luphondo, taxi operator Siboniso Miya and three members of the Germiston Organised Crime Unit - police officers Samuel Maruping, Jeff Nthoroane and Lefu Mofokeng - were involved in the kidnapping and torture of Bhekithemba Lukhele, whose brother Bhekisizwe Nkosi had stolen and fled with a large supply of crystal meth from Krejcir.

 

 

Judge Lamont said Lukhele’s kidnapping, death threats and torture using boiling water were crimes of an “extremely aggravated nature”.

While he had harsh words for Krejcir, naming him the mastermind behind the drug deal, kidnapping and torture, the judge was equally severe with the police officers, who he said had betrayed society. “These are the people who abused the trust society had placed in them,” he said.

Krejcir was asked for comment in his mother tongue by Czech journalists after the proceedings. “Only 35 years? I expected more,” he quipped as he went down to the cells.

The accused were due to apply for leave to appeal against their conviction and sentencing today.

shain.germaner@inl.co.za

@ShainGermaner

The Star