Blue light shooting trial continues

2010-10-05 00:00

THE trial of VIP Protection Unit officers Hlanganani Nxumalo (28) and Caiphus Ndlela (36), arising from an incident where a shot was allegedly fired at a car causing an accident on the N3 at Ashburton in 2008, is expected to resume in the regional court today.

The trial was due to continue yesterday but was delayed at the request of the defence who asked for more time to consult.

Advocate Griffiths Madonsela for Nxumalo, initially asked the court for a longer postponement to allow a ballistics expert time to examine a bullet head retrieved at the scene of the accident.

However, state prosecutor Johan Senekal told the court that the state does not allege the car’s tyre was struck and/or damaged by the bullet in question, nor can the state prove that the bullet in question was fired by Nxumalo’s gun.

He said due to the fact that the bullet head was damaged, the state was not able to link it to the accused’s firearm.

Instead the state alleges that the driver of the car lost control of his vehicle because he panicked as a result of the shooting.

In his evidence in June this year, the driver, Anuvasen Moodley, told the court he had lost control of his vehicle and veered across the highway into oncoming traffic because he was “scared” when shots were fired at him.

Nxumalo and Ndlela have pleaded not guilty to multiple charges including six counts of attempted murder and the unlawful or reckless discharge of a firearm/antique gun or air gun, arising from the incident.

Ndlela, who was driving the state-owned black VW Golf which had its blue lights flashing en route to pick up Social Development MEC Meshack Radebe, pleaded not guilty to two further charges of reckless and negligent driving, alternatively driving without reasonable consideration of other road users.

The two were on their way to pick up the MEC from Waterfall to inspect storm damage at Molweni,

 

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