Statements 'inaccurate' in Westbury shooting trial, court hears

2015-03-10 20:10


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Johannesburg - Two State witnesses have claimed that the statements linked to the shooting of Westbury toddler Luke Tibbetts are not accurate, the trial of murder accused Lindray Khakhu heard on Tuesday.

Dalmain Abrahams, a friend of Khakhu's, told the South Gauteng High Court in Johannesburg, sitting in Palm Ridge, that after making a statement to a police officer about a shooting in Westbury, Johannesburg, on the night of 2 August 2014, his statement was not read back or shown to him.

"He just said sign," Abrahams told the court.

He said he was not asked to take an oath. He only saw the statement two weeks prior to his testimony in court, when consulting prosecutor Deon van Wyk.

Khakhu, 22, is on trial for the murders of Tibbetts and Alton Mooi, five counts of attempted murder, 10 of unlawful possession of a firearm and ammunition, and one of pointing a firearm. He has pleaded not guilty to all charges.

Abrahams had originally gone to police on 3 August 2014 with his father to file a statement explaining why his father's car, a Toyota Yaris, had a bullet hole in its roof.

Abrahams told the court he saw Keenan Mokwena outside the police station.

Mokwena was laying a charge against Khakhu for allegedly shooting and wounding him the previous night. During this shooting Tibbetts was hit in the head by a stray bullet, allegedly fired by Khakhu. Tibbetts was sitting on his mother's lap in car at the time. The boy died in hospital six days later.

Abrahams said when taking down his statement the second time, two days after Tibbetts was shot, police were only interested in who had shot the boy.

"The policemen asked me where is Lindray Khakhu so he can make a case against [Mokwena] for pointing a firearm. They were concerned about the shooting because they know that a child was shot," he said.

He said he had not heard about the shooting of a child prior to submitting his first statement.

Toy gun

Earlier, Mokwena was asked why he did not specify in his statement that he had pointed a toy gun, and not a real gun, at Khakhu.

Sog van Eck, for Khakhu, accused Mokwena during cross-examination of leaving that point out because it was untrue. He said Mokwena pointed and fired a real firearm the night Tibbetts was shot.

Last Thursday another witness, Ronald Williams, accused police of inserting information into his statement.

Williams told the court that on 17 June 2013 he heard gunshots outside the G-Spot shebeen in Westbury.

He ran towards the sound and saw a young man who looked like Khakhu running past him with a gun in his hand. He told the court that when describing the young man to police, he did not name him.

In his statement however, Khakhu and Mooi, who was shot dead outside the shebeen, are named.

Van Eck asked him how their names appeared in his statement.

Williams suggested the officer taking down the statement filled the names in himself.

Van Eck would continue cross-examining Abrahams on Wednesday.

Read more on:    johannesburg  |  crime

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