Another delay in double murder-accused Harvey's case

JOHANNESBURG - Detained double murder-accused Mark Harvey was a no-show at the Roodepoort Magistrate’s court.

Staffing issues meant suspects in custody could not be brought in timeously for their appearances.

The wait, while court staff scrambled to get clarity on the attendance of inmates, was a slap in the face of Zakkiyah Rayman and Marishka Davids' families.

The two women were doused with petrol and set alight in February, allegedly by Harvey.

The families of Marishka Davids and Zakkiyah Rayman were among those who had to wait, as police staffing issues meant there was uncertainty about the arrival of detained suspects.

The appearances happened in absentia, with the state’s case against double murder-accused Mark Harvey, then postponed to 14 August for further investigations.

The bereaved families have been left frustrated by the prosecution’s request for more time to, among other things, finalise witness statements, obtain Harvey’s medico-legal examination form, and a report from the fire department.

One legal expert explained why these sort of delays happen.

Legal expert Mpilo Baloyi said, “The purpose of further investigations is so that enough information is collected and so that this evidence can be given to the prosecution. The prosecution’s main objective is to secure a successful prosecution, which it cannot do in the absence of proper evidence. So, we’ve seen many matters where they are thrown out of because of lack of evidence.” 

While there have been improvements in the speed with which criminal matters are dealt with, Baloyi says more fine tuning will help bring faith to the legal system.

Baloyi said, “What can be done better, especially in our criminal justice system is to keep the families of victims and those involved informed every step of the way so that they are at ease, so they don’t lose hope. We also want to avoid a situation where people no longer report crimes because they feel nothing will be done about it, but when we see the feedback and responsiveness of our institutions to the victims and loved of the victims. Then, in that regard, we can have a hope that people will be aware of what’s happening.

The state’s case against Mark Harvey will be moved to the Johannesburg High Court, once matters at the Roodepoort Magistrate’s Court are finalised.