Cop appears for killing girlfriend, her lover

2015-04-13 19:52

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Mbombela - A police officer accused of killing his girlfriend and her lover three years ago appeared in Nelspruit's circuit division of the high court on Monday.

Boy Edwell Makhubela, 37, from Elephant Village in Mahushu near Hazyview, was in court as final arguments were made before Judge Peter Mabuse.

Makhubela has pleaded not guilty to all the charges, previously telling the court that he shot girlfriend Lindeni Sengwayo, 24, during a struggle for a firearm. 

The court heard that on December 29 2012, Sengwayo and Alpheus Mike Magagula, 33, were walking in the street, returning from a relative's home.

Makhubela, who was allegedly at the back of a stationary vehicle near a shop, started following them on foot.

When he reached them, Makhubela allegedly cocked his firearm and asked if they wanted to live or die. When they did not respond he started shooting at them.

After shooting Magagula, he allegedly followed Sengwayo, searched for her at her neighbour's homes until finding her at her parent's house where he fatally shot her.

During arguments, prosecutor Advocate André Fourie said the State's case was water-tight, while defence lawyer Coert Jordaan said the court should not rely on evidence from the witnesses as they contradicted the statements made to police.

"They then blamed police officers for contradictions, could not specify exactly how many shots were fired on or before they escaped to the house," Jordaan said.

"They also said they saw two people running and could not state clearly what clothes the accused was wearing. He stated in his evidence they were not there and he didn't see them."

He further disputed the post-mortem results by forensic medical officer Dr Vella Mabunda after it was challenged by pathologist Dr Leon Wagner.

Jordaan said the only version of fact was the behaviour of Makhubela after the alleged shooting occurred.

"The state failed to prove its case beyond reasonable doubt," said Jordaan.

Mabuse postponed the case to Tuesday for judgment.

Beyond the murder charges, Makhubela faces further charges of malicious damage to property, and the attempted murder of Shirley Nokulunga Mgiba and her cousin, Thembi Ntimane.

Mgiba was injured when shots were fired at their house.

Read more on:    police  |  mbombela  |  crime

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