Tears flowed at the Bellville Regional Court on Tuesday as the family of a slain Delft teenager were left no closer to getting justice, as the over two-year trial was again postponed.
The family of 16-year-old Qasim Burton were left stunned when Magistrate Nonkosi Saba was forced to postpone the case because one of the accused refused Legal Aid, despite not having money for a lawyer.
The Grade 8 learner from Voorbrug High School died on 21 December 2019 while sleeping at a friend’s home.
He was killed following an argument over a girl with Darryl Burton (not related to the victim), and Moegamat Sedick Jappie.
Qasim was stabbed multiple times and rushed to Tygerberg Hospital where he was later declared dead.
Darryl and Jappie were subsequently charged with murder and granted R1000 bail.
During proceedings, the state prosecutor dropped a bombshell when he revealed that the state had tracked down eyewitness Riyaad Lee, 30, who tried to defend Qasim, and the duo would now also be facing an attempted murder charge.
Riyaad told the Daily Voice that he lived at the back of the main house and saw Qasim’s attackers arrive with what looked like a large steak knife.
“It was very sharp and when I tried to stop them, they stabbed me through my shoulder.
“I tried to stop them because Qasim was sleeping and didn’t see them coming.”
It was also revealed that the duo, now both aged 21, could not enter a plea as Darryl did not have a lawyer.
The Legal Aid lawyer said he was ready to defend Darryl but during questioning, Darryl revealed that he did not have money for a private lawyer but said he did not want a Legal Aid lawyer either.
An irate Magistrate Saba shocked the court when she ordered that Darryl represent himself.
“I am making an order that you will represent yourself because Legal Aid has given you the option and you do not want it,” she sternly told him.
“I am postponing to 20 May or pre-trial.”
Outside court, hartseer dad Gabieboedien, 43, said: “The family is not happy about the case being postponed because every time, we are heartbroken...
“I think the ruling is the perfect idea.”