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‘Callous‚ insensitive’ magistrate slammed for treatment of deaf defendant

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Cape Town – A deaf man who was jailed for 15 years for murder has had his conviction overturned by judges who said the magistrate who tried him displayed “appalling insensitivity and prejudice” regarding his disability.

Acting Judge Diane Davis and Judge Thandazwa Ndita said Raymond Kruse was denied a fair trial by a magistrate in Wynberg‚ Cape Town‚ who expressed “undisguised scepticism” about his disability “which amounted to bias on her part”.

They said they would send a copy of their ruling‚ delivered in the High Court in Cape Town on Monday‚ to the Magistrates’ Commission “with a view to raising awareness of the need for … sensitivity training in relation to persons with disabilities”.

The judges said: “If the State decides to bring fresh charges against [Kruse]‚ the case must be tried before a different magistrate and regard must be had to the guidelines set out in this judgment.”

Kruse‚ 63‚ was convicted in May 2017 of shooting dead Nashief Davids in Eastridge‚ Mitchells Plain‚ in 2014. He claimed to have acted in self-defence but he was convicted and jailed for 15 years‚ five years of which were conditionally suspended.

A sign language interpreter was provided‚ but when it became apparent Kruse did not understand sign language‚ the magistrate ruled that communication with him should be in writing.

The judges said this was unlawful‚ shambolic and unfair. Because of his speech impediment‚ when Kruse gave evidence the magistrate ordered him to write his answers down in addition to giving oral answers.

“That is a tall order for anyone‚ let alone someone who suffers from hearing and speech difficulties‚” said the judges.

“Instead of facilitating [Kruse’s] communication‚ the magistrate made it more onerous for him … He was reduced to a passive and powerless spectator at his own trial‚ which rolled on like a juggernaut‚ trampling his constitutional rights in the process.”

Davis and Ndita slammed the magistrate for giving public vent to her scepticism about Kruse’s deafness. “She violated his dignity with her callous laughter and open incredulity‚” they said.

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Watch: Teddy Mafia’s son-in-law targeted in Shallcross drive-by shooting

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Teddy mafia son in law

Kesavan Isaac Naidoo, the son-in-law of slain alleged Durban drug boss “Teddy Mafia” has survived a brazen attempted assassination on Wednesday, his family confirmed.

The incident took place at about 10am in Shallcross, south of Durban.

Naidoo, 41, is the son-in-law of Yaganathan Pillay – also known as Teddy Mafia.

He was shot twice in a daylight hit on Table Mountain Drive. The incident was captured on CCTV.

“Isaac was shot in both legs and his driver was shot in the hand. Both of them survived. They’re in hospital,” he said.

Read also: Alleged Durban drug kingpin Teddy Mafia killed, suspects beheaded

Pillay said Naidoo was in the back seat while his wife was in the front. The shooting, seen in the footage, takes place moments after they open the doors of their vehicle to get out.

In the footage, a white vehicle can be seen driving along Table Mountain Drive before it is stopped, partially blocking the left hand side of the road. Thirteen seconds later, Naidoo’s vehicle, a white Toyota Fortuna, pulls up.

The back passenger door of the Fortuner is opened, but it is not clear from the footage who the person was who opened it or if they got out of the vehicle.

Naidoo’s wife is seen getting out of the front passenger side of the vehicle and walks towards the rear of the SUV.

Suddenly, four men alight from the stationary vehicle, three of them drawing firearms and running towards the Fortuner, firing multiple shots. The fourth man stands next to the white car.

As the bullets are fired, Naidoo’s driver accelerates and drives past the other vehicle. Naidoo is presumably in the vehicle as it speeds away, but this could not immediately be confirmed.

Pillay said Naidoo was doing “OK”.

Police have been approached for comment, and this story will be updated.

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Facebook Down, Instagram and WhatsApp also offline

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Facebook Down, Instagram and WhatsApp also offline

Facebook is currently experiencing an outage impacting its family of sites including WhatsApp and Instagram.

Most Facebook users are seeing an error message that says ‘This site can’t be reached.’ On Instagram, the error message shows as a 5xx Server Error message.

The outage is impacting users on both desktop and mobile.

“We’re aware that some people are having trouble accessing our apps and products,” Andy Stone, policy communications manager at Facebook, tweeted on Monday. “We’re working to get things back to normal as quickly as possible, and we apologize for any inconvenience.”

Facebook Messenger and Oculus are also experiencing outages.

The first reports on DownDetector.com started around 5pm.

According to The Verge, the issue is likely related to a DNS issue. When Slack experienced an outage last week, it was also related to DNS issues.

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Husband killed, wife critical as robbers open fire during Joburg home invasion

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A home invasion on Sunday night left a man dead and his wife fighting for her life after they were shot by robbers in Randpark, Johannesburg.

Emer-G-Med private emergency services paramedics found the man had sustained fatal gunshot wounds and he was declared dead.

His wife was also shot several times and was stabilised before being taken by ambulance to a nearby hospital for treatment.

Reports from the scene indicated there were several armed assailants.

Police are investigating the incident.- TimesLIVE

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