The defence lawyer of a convicted killer who was mistakenly released while appearing at Wynberg Magistrate’s Court says he is recusing himself from his client.
Advocate Mohamed Sibda says his client Phelo Mtala is nowhere to be found following his disappearance last week.
“I have been representing Mtala for over a year now with his case at the Western Cape High Court. I have recused myself because I have not received instructions from my client,” Sibda told Daily Voice.
Mtala was convicted for three murders that took place in 2016.
Sibda, however, managed to get his client acquitted on two attempted murder charges.
Mtala shot and killed Anga Dekeni, Solethu Nongenzi and Mzimasi Majelimane.
On Monday, when the sentencing proceedings for his High Court trial went ahead, Judge Mokgoatji Josiah Dolamo called the investigating officer, Captain John Pokeman, to the stand for insight into how the accused had been released.
“I did not go with Mtala to court and the documentation was clear that he had to return to Pollsmoor Prison,” Pokeman told the court.
RECUSED: Mohamed Sibda
“Mtala appeared along with another accused in a separate matter from Pollsmoor with the name Siphelo. Siphelo had to be released on the day, however, he was taken back to Pollsmoor and Mtala released,” the court heard.
But a source close to the case says Mtala might have planned his great escape.
“He had to be sentenced about a month ago, but he kept stalling documentation,” said the insider.
“When the Wynberg case came up, he had to be a sentenced prisoner already. He knew exactly what he was doing. He knew Siphelo was to be released and pretended to be him. He managed to fool cops.”
Mtala is still being sought.