Durban — The man accused of killing ANC eThekwini councillor Minenhle Mkhize in Cliffdale in January 2022 told the Durban High Court on Wednesday that he did not pull the trigger.
Mxolisi Gcabashe, of KwaNyuswa, is on trial for the murder. State prosecutor Elvis Gcweka told the court, when he was cross-examining Gcabashe, that the cartridges found in his yard matched those found at the crime scene.
Gcweka also showed the court images from the CCTV footage that a vehicle belonging to Gcabashe was at Cliffdale when the murder took place.
“Cellphone records say that after 8pm the deceased was stationary. At this time he was already shot. This is the evidence which was led to this court by the daughter of the deceased, Noluthando Malinga,” said Gcweka.
Gcabashe said he had no comment on this. Gcweka then showed the court pictures that proved that at 8pm the car belonging to Gcabashe driving away from Mkhize’s home towards Mahlubini Shisanyama. Gcabashe said he did not know Mkhize’s home.
Gcweka said the State witness, who is under protection, was with Gcabashe on the day Mkhize was killed. The witness told the court that after they had dropped Gcabashe near Mkhize’s home, they heard shots.
In the car was Ntokozo Ndlela, who was Gcabashe’s co-accused but was acquitted of murder charges, and Siyabonga, Ndlela’s brother.
Gcabashe disputed getting out of the car and said he did not hear any shots because they were playing music.
“You were never going to hear any gunshots because you were the one firing them,” said Gcweka.
Gcabashe said the only people who got out of his car were the witness and Siyabonga, whom they dropped off below the shisanyama. Gcweka then reminded Gcabashe about a jacket mentioned by the witness that Gcabashe was wearing on the day of the murder.
It was brought to the court by Gcabashe’s attorney, advocate Louis Barnard. The witness confirmed that the jacket was the one Gcabashe was wearing on the day. Gcabashe also confirmed that the jacket belonged to him and that he had been wearing it.
Malinga told the court previously that she observed the shooting of her father and she saw a slim male, wearing a striped jacket, going backwards.
“You are slim, you are the one who was wearing this jacket. The witness said they dropped you off by the deceased house, cartridges found in the crime scene match the ones found by police in your yard. You want this court to believe you never shot Mkhize?” asked Gcweka.
Gcabashe denied shooting Mkhize, saying he did not have a gun.
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