Former senior executive at Absa Stewart Lumka wants permanent stay of prosecution

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Pretoria - Murder and attempted murder-accused, former senior executive at Absa Stewart Lumka, will now launch an application for a permanent stay of prosecution. Lumka was only arrested about 10 years after the alleged shooting of his now former wife Elsie Lumka and her bodyguard Philip Lima in 2008. Elsie survived although she was wounded, but Lima later died in hospital. Lumka was arrested in 2018 on charges of murder and attempted murder. It is not clear what caused the delay on the side of the prosecution, but it is understood that, among others, an inquest was first held to determine whether anyone was responsible for the death of Lima. Lumka's legal team on Monday asked for a postponement in the matter as they wanted an expert to analyse video footage taken via CCTV cameras at his Crystal Park, Ekurhuleni home, where the incident occurred.

The quality of the footage is so bad that the prosecution said it would not use it as part of its case. But the defence said it wanted its own expert to examine it so that they could prove that Lumka was not the person who pulled the trigger.

Gauteng High Court, Pretoria Judge Bert Bam refused the postponement and ordered that the trial would proceed yesterday.

But the defence said it would ask the Deputy Judge President to allocate them a judge to hear the stay of prosecution application. The video footage was meanwhile sent to an expert.

Judge Bam said he hoped the stay of prosecution application was not a delaying tactic, as it could be detrimental to Lumka's freedom if it was. He is at present out on warning awaiting trial.

The defence said it was a bona fide application and that they felt Lumka's rights were trampled on to now prosecute him more than 10 years after the incident.

Elsie, then a manager at Nedbank, was severely injured in 2008 as she drove into the garage of the home she and her husband shared before things went sour.

Her bodyguard was shot twice in the neck and in the chest when a gunman opened fire at them.

The State is claiming that Lumka conspired with someone to have his wife killed. According to the indictment, several strange things happened after she and her husband split up, including that her car was tampered with. She also claimed someone “sprayed” her personal belongings with acid. This caused her to hire a bodyguard.

The trial was meanwhile postponed to Monday.

Pretoria News