No bail for accused ex-cop

2016-07-13 11:30

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Pietermaritzburg - The injuries inflicted on Pietermaritzburg midwife Thabisile Doyisa (46), who was shot dead with an R5 rifle earlier this year, were “horrific” and she had not done anything to deserve such brutality, the Pietermaritzburg Magistrate’s Court heard on Tuesday.

Magistrate M. Boikhutso made the comments when handing down judgment in which she refused to grant bail to Doyisa’s husband — former police warrant officer Nkosinathi Shangase (44) — who has since resigned from the service.

Shangase has denied being responsible for shooting his wife and the mother of his children, and maintains he was not present at the scene when the shooting took place.

The state, however, presented evidence alleging that there was blood on his trousers and shoes when he was arrested soon after the murder. The prosecution also alleges that a primer residue test conducted on his hands was positive, indicating that he had recently fired a gun, the magistrate said.

The shooting occurred on April 22 this year at the home the couple shared in Napierville.

“The degree of violence implicit in the charges … is huge. The state alleges [the victim] was shot four times at close range in the head with an R5 rifle. That’s horrific.

“She was a female and vulnerable, and there is no evidence that suggests she was armed or that she did anything calling for such brutality,” Boikhutso said when summing up the evidence in the case.

She said Shangase said in his affidavit in support of his bail application that he has assets valued at around R50 000, and is the father of three young children aged 11, seven and four years, whose mother was Doyisa.

He was employed by the police service from 1990, but resigned in June this year. He has no pending cases or previous convictions.

Boikhutso said Shangase was also prepared to hand over his passport.

On the other hand, the state had argued that it has a strong case against him based on the evidence that there was blood on his trousers and shoes after the shooting and the positive result of the primer residue test. It was also submitted that his home is the crime scene and that police had recovered 85 live R5 rounds from the house.

The firearm used to shoot Doyisa had not yet been recovered, and a ballistics report and DNA results were still outstanding.

The prosecution had argued that Shangase could interfere with witnesses and with the investigation, and suggested further that his life could be in danger if he was released on bail.

Evaluating the evidence, Boikhutso said that, being an ex-policeman, Shangase “knows the dynamics involved in the retrieval and capturing of evidence”, and said he could easily conceal or destroy material left at his home, which was also the crime scene.

“I find it is probable therefore that he might disturb the evidence at his house and that his release would jeopardise the functioning of the justice system,” she said.

She said while the Constitution granted people the rights to liberty and freedom, it was not an “untrammelled” right.

In the circumstances, she did not find it to be in the interests of justice to grant Shangase bail, she said.

The case was postponed to August 18.

Read more on:    pietermaritzburg  |  cop  |  crime  |  court  |  saps  |  bail

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