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Mystery as murder suspect becomes permanently deaf

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MBABANE – The fate of Magazini Groening (37) remains a mystery after he has become permanently deaf and cannot stand trial.

Groening was charged with murder after he allegedly assaulted Aaron Lukhele with a sharp object and inflicted multiple injuries upon him, from which he died on October 31, 2000. Groening hails from Mavalela in the Lubombo region. His trial had to begin on Wednesday but it was postponed after his attorney brought it to the court’s attention that he had since became deaf and would not stand trial. It is over 10 years since Groening was charged.

He was arrested but later released on bail in 2003.

Represented

He is represented by Sikelela Magongo and prosecutor Sikhumbuzo Fakudze represents the Crown.

Groening’s case has been postponed on several instances after he was dumped by lawyers at the last minute. The reasons for dumping him could not be ascertained. Judge Nkululeko Hlophe was optimistic that the case should be finalised this time after it has dragged for over a decade.

An ear specialist was ordered by Judge Hlophe to examine the accused and bring a report of her findings to the court yesterday. Nomsa Mabaso, an audiologist from Mbabane Government Hospital examined Groening and brought the report to court. She found that Groening had been a sickly person considering his medical history.

Mabaso found that the accused’s left ear showed that he had an infection. She also found that both Groening’s ears were not functioning. She categorised the type as a sensory neural hearing loss. Mabaso asserted further that the type of hearing problem could have been due to the Tuberculosis (TB) drugs Groening took. The audiologist said she communicated to the accused through writing. She said she wrote down and Groening replied verbally. She also said the accused was able to lip read.

"My Lord, I want to ask the court to postpone the case so that I perform a second test in a month’s time. "We do not test them once my Lord because some patients malinger and in the second test we are able to draw a pattern of whether the hearing loss is real," Mabaso said.

She stressed that Groening’s case was rather abnormal as TB patients who suffered from such a defect would heal in a month after they have stopped taking the treatment.

"The problem also gets better by the aid of hearing aids. Groening stopped the medication in January 2012.

 

Mabaso said if after a year the hearing problem does not get better that would mean it would be a permanent loss of hearing. "If then that is the case, I do not know what we will do but the case has to continue and be finalised," Judge Hlophe said.

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