Murder accused Rameez Patel has failed in his bid for freedom after Limpopo High Court Judge Joseph Raulinga dismissed his discharge application.
In his ruling on Wednesday, Raulinga said a prima facie case against Patel, accused of killing his wife Fatima, had been established.
"The defence hyped on certain witnesses not properly sworn in. Even if the evidence of those witnesses is excluded, a prima facie case has already been established. There will be more issues that the accused will have to answer to," Raulinga said.
"At the time the accused was confronted by police at his house, he was not a suspect. There was no need to read constitutional rights to him," he said.
Defence advocate, Johann Engelbrecht, SC, indicated to Raulinga that the defence team would need the transcript of the ruling to ponder their next move.
While the judge made it clear to him that the ruling could not be appealed, he agreed that the transcript would be made available.
In terms of the law, an application brought under Section 174 of the Criminal Procedure Act cannot be appealed because it does not determine the finality of the case.
The trial was postponed to February 19.
Patel faces a charge of murder for allegedly killing his wife at their house in Nirvana, Polokwane, in 2015.
He still has to stand trial for the murder of his mother, Mahajeen. His father, Feroz, and father-in-law, Yunus Mayet, have also been killed, but Patel has not been linked to their deaths.
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