No ballistic evidence linking NFP murder accused

2013-12-04 19:26

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Durban - A lack of ballistic tests on the bullet found in a dead IFP supporter seriously undermined the State's case, the Durban Regional Court was told on Wednesday.

Simphiwe Moloi told the court that no ballistic tests had been carried out on the bullet found in Cebisile Shezi to link it to cartridges at the scene, or to his clients' firearms.

"In the absence of any ballistic evidence, the accused ought to be released," he submitted.

Moloi was speaking while making an application to have charges dropped against National Freedom Party councillor Mgezeni "Bhungu" Gwala and his son Celimpilo "Mjabelelwa" Gwala.

The Gwalas and security guard Skhumbuzo Nxumalo are accused of shooting Shezi dead on 6 October 2012, near the Thembalihle train station in KwaMashu, after Inkatha Freedom Party supporters converged on the Gwala home, near the station. She was wearing an IFP T-shirt at the time.

Police Minister Nathi Mthethwa had addressed IFP supporters at a sports field in A-section, KwaMashu, earlier that day. He did so in an attempt to reduce tension in the area after the abduction of IFP councillor Themba Xulu. Xulu was out on bail after being arrested for allegedly trying to burn down Bhungu Gwala's house.

Xulu's body was found the next day. He had been shot.

Celimphilo Gwala and Nxumalo are in custody. Bhungu Gwala is out on bail of R20 000.

The court, which was packed to capacity with jovial NFP and IFP supporters, heard Moloi tell magistrate Trevor Levitt that the only evidence provided by the State had been to discount the possibility that Shezi was killed by a bullet fired into the air as a warning.

"There are no links between the bullets, the shell casings and the firearms that were recovered," he said. Seventeen shell casings were found at the crime scene.

Nxumalo's lawyer, Lungile Kheswa, argued that the case against his client should also be discharged, in the light of the contradictory evidence provided by State witnesses Hlengiwe Joyce Mzolo and Zamokwakhe Luthuli.

"The manner in which these witnesses gave evidence leaves much to be desired. We do not know from their evidence whether accused number five [Nxumalo] was there or not," he submitted.

During their testimony, Mzolo and Luthuli gave different descriptions of a man they identified as doing the shooting.

Kheswa accused the State of pursuing the case in the hope that the accused would take the stand and implicate themselves.

He pointed out that the two State witnesses had put Gwala's other son Bonginhlanhla Gwala and another security guard, Malusi Sibusiso Ncengwa, at the scene of the shooting.

Charges were withdrawn against them when closed-circuit television footage showed Bonginhlanhla was at his apartment in Umhlanga at the time, and Ncengwa proved he was working in Umbilo.

Kheswa also referred to the police's failure to carry out ballistic tests.

"That was not done. This is a very poor state of affairs," he said.

The SABC reported on Monday that the court heard testimony from the commander of the KwaMashu police station, Brigadier Zakhele Nzama.

He reportedly testified that Mgezeni Gwala was at the KwaMashu police station waiting to speak to Mthethwa at the time of the shooting.

Unlike previous court appearances, when there was a heavy police presence, there was only one court orderly present on Wednesday.

The prosecution was expected to present its case opposing the applications by Moloi and Kheswa.

- SAPA

Read more on:    nfp  |  ifp  |  durban
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
1 comment
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 
Traffic
Lottery
 
  • Wednesday Delft - 20:37 PM
    Road name: R300 Southbound
    ROADWORKS - left lane closed at Hindle Road
  • Wednesday Sir Lowry's Pass - 17:57 PM
    Road name: Old Sir Lowrys Pass Road
    TRAFFIC LIGHTS not working at Bezweni Road
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Torch 9810

The BlackBerry Torch 9810 gives you the powerful combination of...

From R2820.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

You may be required to travel or get information for your job. This may be restricting in some way or something may slow things...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.