Durban — The Durban High Court heard on Monday that charges should be withdrawn against one of the men accused of killing eThekwini councillor Minenhle Mkhize.
Defence advocate Louis Barnard told the court he would file an application on Tuesday in terms of section 174 of the Criminal Procedure Act to have the charges against Ndlela struck off. This encompasses the right of an accused to be discharged from the offence he has allegedly committed when, at the close of the State’s case, there is insufficient evidence on which the court may link the accused to the charge.
Ndlela and his co-accused, Mxolisi Gcabashe, are facing charges of murder, conspiracy to commit murder, unlawful possession of a semi-automatic firearm and unlawful possession of ammunition. Gcabashe is also facing other charges that include theft and unlawful possession of firearms and ammunition.
Mkhize was fatally wounded in Cliffdale, at his home, last year.
Barnard said he was taken by surprise by the early closing of the State’s case as it announced it would no longer be calling any witnesses and asked for the court to give him time to file the application.
State advocate Elvis Gcweka told the court he would not be bringing another witness, as the one he wanted to call was in Mozambique and would be back only in August.
Before the case was adjourned, Gcweka called crime scene investigator, Nomthandazo Ntombela, as a witness. Ntombela had compiled a photo album of the crime scene, and told the court that the vehicle which belongs to Gcabashe was around Mkhize’s home at the time of the incident.
Last week, the court learnt that both the accused met in the afternoon on the day Mkhize was killed.
The pair were also in area where Mkhize was until he was killed.
A State witness, Thobile Ngcongwana, who is a senior clerk analysing data at the SAPS, said the cellphones of Gcabashe and Ndlela were connected to towers close to Mkhize’s home.
“Between 7pm and 8.30pm both the accused were sharing the same tower.
“At around 7.16pm and 7.17pm Mkhize was also connected to the same tower as the accused,” said Ngcongwana.
She said the data showed that the three people were together.
Either in the same car or following each other.
“The accused were together, and Mkhize was alone or with whoever he was with in the car,” she said.
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Daily News