Road rage shooting ‘was a mistake’

2007-11-23 00:00

Simanga Wiseman Mthembu denied in his testimony before Judge Chris Nicholson that he deliberately confronted, attacked and shot Majozi on the evening in question. He claimed he was forced to defend himself when Majozi attacked him with a knife.

Asked by the judge if his version is that he shot Majozi because he attacked, or that Majozi got shot by mistake, Mthembu responded: “I would say he got shot by mistake because the shot went off while we were grappling”.

Under cross examination by state advocate Boniswa Mhlana, Mthembu agreed that more than one shot was fired during the incident.

His lawyer, Aron Perumal, earlier suggested to state witnesses that Mthembu’s version was that only one shot went off.

Medical evidence has been led that Majozi suffered abrasions to his face, and “three or four” gunshot wounds.

The shooting took place near Mason’s Mill along the Edendale Road in the late evening, following an altercation at about midday the same day between the two men in the city centre.

The state alleges that Mthembu planned to kill Majozi and armed himself with his licensed firearm.

That evening he allegedly stopped Majozi’s taxi in Edendale road, confronted him and subsequently shot and killed him.

Mthembu has testified that it was coincidence that he met up with Majozi’s taxi again.

He maintains that Majozi stopped him and was the aggressor.

Eyewitnesses, including Majozi’s girlfriend, Hlengiwe Ngcobo, told the court the opposite was true.

Mthembu yesterday admitted that he got into his car and drove off immediately after the shooting, but said he shouted out to the people in the taxi to call an ambulance and the police. He said his cellphone had no airtime.

Asked why he did not help Majozi since he is a nurse with first aid training, Mthembu said he was afraid of being attacked.

Afterwards he drove home, changed his clothing and then went to report the incident to the police.

He was remanded in custody. The case is proceeding.

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