Bully murder: State’s case ‘shaky’

2012-11-29 15:23

Two conflicting versions of the murder of a Vosloorus pupil at school have emerged in court.

Nkululeko Ndlovu was allegedly shot dead by Tsundzukani Mthombeni at the Phineas Xulu Secondary School last Tuesday.

During Mthombeni’s bail application today in the Boksburg Magistrates’ Court, Warrant Officer Isaac Mashishi said two of the three witness statements about the shooting were contradictory.

One account states that the deceased and a friend who had assaulted the accused (Mthombeni) the previous day, Nkululeko Biyela, had gone to confront Mthombeni in his classroom on Tuesday morning.

According to the officer, an independent witness had said the two boys had first hit Mthombeni before he shot at them.

The other version, by Biyela, stated that Mthombeni had fired at them as he (Biyela) was pointing Mthombeni out to Ndlovu.

Mashishi said Mthombeni had first fired at Biyela and missed. He had then shot at and killed Ndlovu with a shot to the head.

“On the issue of murder it looks like the state’s case is on shaky ground,” said Magistrate Emmanuel Magampa when granting bail.

Defence attorney Xolani Tshabalala shared this view: “The state will have to consider the quality of the state’s evidence when the case goes to trial.”

Mthombeni also faces charges of theft of a firearm and possession of an unlicensed firearm.

Relatives of the deceased attended proceedings and, during an adjournment, the deceased’s mother, Portia Ndlovu, said: “I came all the way from Duduza because I wanted to see him. I wish he’d tell me why he killed my son. Why didn’t he shoot him in the foot at least, so he didn’t have to die?”

The case has been postponed to January 16.

- City Press

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