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The defence team in the trial of double murder accused Rameez Patel intends to appeal the ruling in the Limpopo High Court that dismissed the application for the discharge of the accused.
The move stands in sharp contrast with the earlier pronouncement by the defence that they would not proceed with an appeal.
The application for the discharge of Patel was dismissed by Judge Joseph Raulinga who found that a prima facie case against the accused has been established.
On Tuesday, defence lawyer Meshack Thipe told the stand-in judge for the day, Makgutla Semenya, that they intended to appeal the matter in the Supreme Court of Appeal (SCA), and possibly the Constitutional Court.
"In case we don’t succeed at the SCA and the Constitutional Court, we may call one witness or put the accused on the stand," Thipe told the judge.
Postponement
In terms of the law, rulings on application for the discharge of the accused cannot be appealed while the trial is still proceeding.
However, Thipe said the law of general application allowed for an appeal.
The court was then adjourned for the defence and state lawyers to consult with Judge President Ephraim Makgoba for a possible date for a leave to appeal application hearing.
The matter was postponed to April 2.
Patel stands accused of killing his wife, Fatima, at their house in Nirvana, Polokwane, in 2015.
He still has to stand trial for the murder of his mother, Muhajadeen. She was killed after Patel’s brother, Razeen, told her of the circumstances surrounding the killing of Fatima.
Mother's murder
Razeen - who also survived an attempt on his life and who is now living in the United Kingdom - heavily implicated Patel during his testimony in court.
The application for bail in the killing of his mother is set for March 6 in the Polokwane Magistrate's Court. The State intends to oppose bail.
Patel’s father, Firoz, was also killed in what was described as a robbery. Yunus Mayet, who is the father of his current wife, Nazreen, was also kidnapped and killed.
However, Patel is not linked to the two incidents.
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