The South Gauteng High Court in Johannesburg has dismissed former apartheid security police officer Joao Rodrigues's application for a permanent stay of prosecution in the Ahmed Timol murder case.
Judge Seun Moshidi ruled on Monday that Rodrigues's argument about his age should not be taken into consideration, but that it would be a factor during trial and sentencing if it comes to that.
"The refusal of a permanent stay of prosecution is not a signal that we are required to be vengeful to those who are alleged to have committed serious crimes in the past but rather, an affirmation of the principles of accountability," he said.
Timol died in 1971 after falling from the 10th floor of the then John Vorster Square police station in Johannesburg, where he had been detained.
The original inquest, which was held in 1972, concluded that Timol committed suicide. Most of the evidence centred on Rodrigues's testimony.
He said he saw Timol jump to his death and couldn't save him after he was tripped by a chair.
But in 2017, Judge Billy Mothle ruled that Timol did not commit suicide. It was found that he was murdered.
The now 80-year-old Rodrigues was charged in July 2018.
- African News Agency (ANA)