No case against Mdluli, court hears

2011-04-12 14:14

The State had no forensic or ballistic evidence of a decade-old crime against crime intelligence boss Richard Mdluli and his co-accused, and had based its argument on suspicion, the Boksburg Magistrates Court heard today.

Representing Mdluli, Ike Motloung said there was never a legal basis to arrest the four as there was not a shred of evidence against them.

He said the arrests were unlawful and the warrants were authorised to create a scandal against senior police members.

Mdluli, Lieutenant-Colonel Mtunzi-Omhle Mthembeni Mtunzi (52) court orderly Samuel Dlomo (49) and Colonel Nkosana Sebastian Ximba (38) stand accused of killing Oupa Ramogibe in 1999.

Mdluli had allegedly been in a relationship with Ramogibe’s wife before she was married.

In closing arguments in the four’s bail application, Motloung questioned why a witness had only come forward now.

“Why now only? This is not a new allegation,” he said.

He asked why the State only now opted to arrest the four, 12 years after the crime.

“After the post-mortem, why was there no inquest?”

The defence said Mdluli was the State’s main target and their case was based on one key witness, Alice Manana, who claimed she was kidnapped and assaulted by three of the accused, including Mdluli.

Motloung said that did not constitute murder and his client had a right to bail even though the State suggested he could tamper with evidence.

“Does this mean that all high ranking police officers must not get bail because they have the means to tamper with evidence?

“My client had 12 years and could have dealt with the witnesses one by one... Why didn’t he take them out then, it would have made things easier.”

He said the State’s case was weak, unrealistic, and ridiculous and reminiscent of the case of Glenn Agliotti, who was cleared of the murder of mining magnate Brett Kebble after a lengthy high-profile trial.

“The state has stooped very very low and my client has nothing to hide, that’s why he handed himself in.”

Mdluli denied attacking Manana and allegations that stolen dockets were found in his locker.

Mdluli said there had been no mention of any action taken against him after the dockets were found.

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