Durban — The defence for an accused in the trial into the murder of an off-duty Durban Public Order policeman who was killed at the height of the July unrest said that his client had been wrong for not taking the wounded officer to the hospital.
Mzikayifani “Kayelihle” Ndebele’s attorney Musa Chiliza said this in responding to Judge Carol Sibiya, who had asked him what the court was to make of Ndebele’s conduct after the policeman had been shot.
Zolani Leadus Zuma was shot in Tshelimnyana, near Marianhill, before his body was stuffed into two refuse bags and loaded into the boot of his VW Polo, which was subsequently torched in Canyon Quarry.
Ndebele and co-accused Sibusiso Ndlela are on trial in relation to his murder and kidnapping.
It’s alleged that Zuma had been driving in his blue VW polo dressed in civilian clothes on the night of July 13.
While driving he came across Ndebele and the assailants who were helping people transport looted goods in a car that Afrika Mthembu was driving, and the policeman followed them to a house in Tshelimnyama.
Previous testimony was that Zuma chased after Mthembu’s Kia truck in his Polo and fired shots while in pursuit.
At the house, the officer confronted Mthembu and the assailants, producing his state firearm. Ndebele disarmed Zuma and allegedly shot him, and in the process a shot hit his uncle Mthembu in the knee.
Mthembu was rushed to St Mary’s Hospital in his Kia truck by his son Lungelo as well as his nephew Nzuzo Khethokuhle Mngadi, who led evidence in the trial for the State.
Zuma’s car was found burnt the following day, and his charred body was discovered in the boot.
Ndebele’s evidence was that while trying to dispossess Zuma of the gun, shots were fired.
On Thursday, the State and Chiliza argued on the merits of the case.
“What does the court do with the conduct of the accused after the incident, taking only his uncle to the hospital, does that not align with intent? The accused was only 18 at the time. It's always a sad case when the accused before the court are young children, whether they are convicted or acquitted it's always sad when it's young children,” said Judge Sibiiya after Chiliza’s address.
During his address, Chiliza asked the court to accept that shots were fired during a struggle.
“There’s nothing to suggest any occupants of the Kia provoked the deceased. It was the polo that attempted to stop the Kia. He made the wrong decision of following the Kia to their home. Accused one (Ndebele) and his uncle, although they had not entered the house, were in their home and had nowhere to run. They had to defend their home.”
On Friday Ndlela’s attorney J Hariram will address the court.
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