An application by murder accused Rameez Patel for a discharge has been dismissed by Judge Joseph Raulinga in the Limpopo High Court.
In his ruling on Wednesday, Raulinga said a prima facie case against Patel, who is accused of killing his wife, has been established.
"The defence hyped on certain witnesses not properly sworn in. Even if the evidence of those witnesses is excluded, a prima facie has already been established. There will be more issues that the accused will have to answer to," Raulinga said.
"At the time the accused was confronted by police at his house, he was not a suspect. There was no need to read constitutional rights to him," he said.
Defence lawyer, advocate Johann Engelbrecht SC, indicated to Judge Raulinga that the defence team would require the transcript of the ruling to ponder the next move.
However, the judge made it clear to him that the ruling could not be appealed, but agreed that the transcript would be made available.
In terms of the law, an application brought under section 174 of the Criminal Procedure Act could not be appealed as it does not determine the finality of the case.
Patel faces a charge of murder after allegedly killing his wife, Fatima, at their house in Nirvana, Polokwane, in 2015.
He still has to stand trial for the murder of his mother, Mahajeen. His father, Feroz, and father-in-law, Yunus Mayet, have also been killed, but Patel is not linked to them.
The trial was postponed to February 19.