IT’S BEEN nearly eight years since Durban adventurer Andy Carrie was killed in a road accident and the State’s case against the man they believe to be responsible for the crash continues to stutter along.
Proceedings in the Durban Regional Court were halted last week shortly after defence advocate Paul Jorgenson brought an application calling for the original written statement of the State’s witness who he was due to cross-examine.
This was after State witness Kirk Neal described how the vehicle, allegedly driven by accused Velile Hlongwa, crashed into the motorcycle ridden by Carrie, causing him to be flung into the air on Stephen Dlamini (Essenwood) Road on December 3, 2016.
Hlongwa faces culpable homicide, reckless and negligent driving and drunk driving charges.
He was seen climbing out of a white Toyota Avanza lying on its side, and attempted to flee on foot, but was apprehended by community members and later arrested by police.
Hlongwa maintained that he did not drive the vehicle and Jorgenson previously named the other person who was with his client at the time of the crash as the driver.
Neal told the court that an article clerk working for an attorney, Michael Friedman, also a State witness, edited his witness statement before it was lodged in the case file.
The article clerk arrived at the crash scene minutes after the accident where Friedman’s SUV collided with the white Toyota Avanza after it rammed into Carrie.
Neal said the clerk took the details of his and other witnesses at the scene and stayed in contact via emails.
“The emails back and forth from us to him was for him to collate our statements so that we could eventually sign them as he was handling everything for Friedman and the detectives.
“I emailed my statement in paragraph form. I signed the final version that was in point form at Friedman’s offices.”
Jorgenson then requested that Neal be asked to step out of the courtroom so that he could address the court.
Magistrate Prithi Bhoda Khedun allowed the request.
Jorgenson told Khedun that he already challenged the investigation and the lack of objectivity in the initial stages of this matter.
Based on Neal’s submission about witness statements, Jorgenson said the defence was “entitled” to copies of Neal’s and the others’ original emailed statements to Friedman’s offices.
“These are documents that are in the State's possession as Friedman was their witness,” Jorgenson said.
He previously told the court how he had become aware of a letter written by the article clerk on Friedman’s letterhead and directed to the KwaZulu-Natal Director of Public Prosecutions.
In the letter, a call was made for a previous prosecutor to be replaced because she was on good terms with the defence and refused to accept the affidavit of a female witness.
The clerk confirmed he wrote the letter with the knowledge of his employer and the blessings of the investigating officer.
He also indicated that he had conducted the investigation in the case and took statements and also had the “smoking gun statement” from a witness who identified the passenger in the Avanza, which meant the accused was indeed the driver.
When called to testify, Friedman distanced himself from the letter and its claims and said he would have rejected the letter had he learnt about it in good time.
Jorgenson told court that neither the clerk nor the investigating officer informed the defence who took witness statements and they learnt about the letter to the NPA by chance.
He told Khedun that the State must provide all the witness statements in their “original words” that the clerk received.
“I cannot complete this cross-examination until I get those documents.
“I want to cross-examine him on what he sent out against what was put out. I fear it may not be consistent,” said Jorgenson.
Prosecutor George Ncemane told the court that the State had no other documents than which the previous prosecutor had already shared with the defence.
Ncemane, who is the third prosecutor to represent the State in the matter, said the clerk would be called as a witness.
“There is much for him to be questioned about. A subpoena has been sent,” said Ncemane.
Khedun granted Jorgenson’s application and adjourned the matter to December.