Over 20 shots fired night Tibbetts died - witness

2015-03-09 22:09

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Johannesburg - More than 20 shots were fired, allegedly by murder accused Lindray Khakhu, on the night Westbury toddler Luke Tibbetts was shot in the head, according to court papers.

Khakhu was shooting at Keenan Mokwena's car on Steytler Street in Westbury, Johannesburg, when 3-year-old Luke was shot on 2 August last year, according to his charge sheet.

Khakhu, 22, is on trial for two murders including that of Luke Tibbetts, 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.

On Monday the South Gauteng High Court in Johannesburg, sitting in Palm Ridge, heard that as Khakhu was shooting at the Toyota Yaris Mokwena was in, Luke was in a car coming towards Khakhu.

"A bullet penetrated the front windscreen of the vehicle and hit the deceased [Luke] in the head," the charge sheet reads.

The boy was sitting on his mother's lap at the time. He died in hospital six days later. Mokwena was shot in his left arm and right thigh.

He told the court he and Khakhu had traded insults three times that day. The first instance was outside the G-Spot shebeen in the evening around 6pm.

In CCTV footage shown to the court, Mokwena drives away from the shebeen. Khakhu gets out of a silver Toyota Yaris and shows Mokwena the middle finger as he drives off.

"He said 'Ja, jou naaier' (yes, you fucker) and pulled a zap sign at me," Mokwena demonstrated to the court.

The second time, Khakhu allegedly drove past Mokwena's girlfriend's home. Mokwena and a friend were at the gate, drinking.

Khakhu allegedly told Mokwena: "Ek sal jou wys, ek kom terug vir jou (I'm going to show you, I'm coming back for you)".

Toy gun

The court heard that Mokwena called his friend Basil, asked him to pick him up and accompany him to the Sophiatown police station to open an intimidation case against Khakhu.

Mokwena told the court that on their way to the police station, they stopped at a spaza shop to buy airtime. As they parked Mokwena saw Khakhu standing against his car and they exchanged unpleasantries for a third time that day.

Sog van Eck, for Khakhu, asked Mokwena whether he felt any fear when he saw Khakhu again and why he did not drive away. Mokwena said he was scared.

"Ek was. Almal weet hy like skiet (I was. Everyone knows he likes shooting)."

Mokwena told the court he reached for a toy gun his son had left in the car and pointed it at Khakhu, then drove off with Basil and another occupant.

"I grabbed the plastic gun and pointed it at him to scare him," he said.

He said Khakhu ducked, got a gun from his own car and shot at him, wounding him.

Mokwena told the court that based on the distance between his car and Khakhu's, it was plausible that Khakhu assumed it was a real gun.

Earlier the court heard that Khakhu had made advances to Mokwena's fiancee, who was his girlfriend at the time, telling her "jou lekker ding" (you lovely thing).

Mokwena told the court this had upset him.

Mokwena would return to the stand on Tuesday at 10:00.

Read more on:    johannesburg  |  crime

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