Defence pokes holes in police investigation in bail application

The bail ruling for two men alleged to have shot and killed another suspected to be linked to a mass shooting was reserved for set date in the Pinetown Magistrate’s Court on Thursday.

The bail ruling for two men alleged to have shot and killed another suspected to be linked to a mass shooting was reserved for set date in the Pinetown Magistrate’s Court on Thursday.

Published Oct 14, 2022

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Durban — Witnesses in the murder case of Siphamandla Hadebe allegedly could not identify the assailants who shot and killed him in broad daylight, just five days after his release on bail.

This was according to “applicant two’s” supplementary affidavit read out by the defence in the bail application of two men charged with the murder in the Pinetown Magistrate’s Court on Thursday.

The applicant alleges that he came to know of this on the last occasion when the pair appeared in court, adding that this information had come from a police official that he would not name fearing the risk to his job.

Hadebe was gunned down allegedly by some men who arrived at a house in Wyebank in a White Ford double cab, with a police registration plate, suspected of being fake, on 21 August.

Hadebe, 24, and his co-accused Njabulo Mchunu, 31, and Comfort Ngubo, 22, were granted bail on Tuesday 16 August, charged with the possession of a firearm without a licence, as well as ammunition.

The three were said to have been linked to the mass shooting in Savannah Park after eThekwini Mayor Mxolisi Kaunda announced, at the time he visited the bereaved family, that three suspects allegedly linked to the shooting, had been arrested.

On the day of the alleged shooting, gunmen opened fire at the Siqhopholozi tuck shop in Savannah Park, killing tuck shop owner Bhekumuzi Mzobe, his nephews Siboniso Mzobe and Sanele Khenisa, as well as Phumlani Mpithimpithi, Sphamandla Shezi and Siyakudumisa Mtshengu.

A seventh person also died later in the hospital.

The two men charged with Hadebe’s murder, their defence, the state prosecutor as well the presiding magistrate cannot be named for security reasons.

On Thursday, the court heard through applicant two’s supplementary affidavit that, after his last court appearance while in the cells, he was approached by a police official who told him that he had been on the scene on 21 August and witnesses were unable to identify the alleged shooters.

“This explains why statements were taken two to three days after the incident; it was to identify innocent people like myself.”

Applicant one is out on R5 000 bail in a Durban Magistrate’s Court matter.

Another supplementary affidavit was read before the closing address was made in respect of bail, from the co-accused of applicant one related to the issue.

Talent Buthelezi, in the affidavit, said on 21 September after attending court in Durban where he is co-accused with applicant one, that he was accosted by police when he was leaving Court 10.

He alleged that he was told he was being taken to a police station, adding that he was put into an official SAPS vehicle which was a Hyundai H1.

Buthelezi alleges that police asked him about the whereabouts of applicant one, using his street name or nickname.

“It was clear that police did not know where he lives and it was the first time they were going there, after this they dropped me back at Durban Magistrate’s Court where my car was parked.”

Last week, in the application, the investigating officer Warrant Officer Jabulani Mtolo had testified that witnesses had noticed the gunmen were persons known to them, adding that their home addresses had been obtained from witnesses.

The men applying for bail intend pleading not guilty, with the defence that they have alibis and that they do not know Hadebe.

The matter was adjourned for a bail ruling.

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