Westbury shooting witness probed on toy gun claim

2015-03-10 15:39
(File: Sapa)

(File: Sapa)

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Johannesburg - State witness Keenan Mokwena was accused of lying about claims that he pointed a firearm at murder accused Lindray Khakhu, the South Gauteng High Court in Johannesburg sitting in Palm Ridge heard on Tuesday.

Sog van Eck, for Khakhu, told the court there were discrepancies between Mokwena's statement to police about the events in Westbury, Johannesburg, on 2 August 2014 and his evidence in court.

He had not included in his statement that he pointed a toy gun at Khakhu, and not a real gun the night that Westbury toddler Luke Tibbetts was killed, Van Eck said while cross-examining Khakhu.

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

On Monday, the court heard that as Khakhu was shooting at the Toyota Yaris Mokwena was in, 3-year-old Tibbetts was sitting with his family in a car coming towards Khakhu.

Before the shooting, Mokwena told the court, he had pointed his son's toy gun at Khakhu, who was standing against a car, to scare him.

Van Eck asked the court to consider having a trial-within-a-trial to determine if Mokwena was a credible witness.

Prosecutor Deon van Wyk argued that the court could decide at the end of Mokwena's evidence whether it was admissible or not.

"This is a credibility issue, not an admissible issue," he told the court on Monday.

Van Eck said he would have to bring in the police officer who took Mokwena's statement on the day of the shooting, as Mokwena had told the court that the officer had left things out of his statement.

During Van Eck's cross-examination, Mokwena was accused of lying about the toy gun and of going to find Khakhu on the night of the shooting to "start trouble".

Mokwena denied this.

He denied having a gang-related rivalry with Khakhu.

The cross-examination was adjourned to allow Van Eck to obtain documents from the Sophiatown police station linked to his questioning.

 

Read more on:    johannesburg  |  crime

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