Lawyers representing the four police officers who have been arrested in connection with the murder of Mthokozisi Ntumba have demanded that the state provide the evidence it is using to charge their clients before they apply for bail.
The lawyers want the state to provide a postmortem report, forensic ballistic reports on the firearms used and the video footage that the state has in its possession.
The four accused, Tshepiso Kekana, 27, Cidraas Motseothata, 43, Madimetja Legodi, 37 and Victor Mohammed, 51, all appeared in the Johannesburg magistrate’s court yesterday.
They are all facing charges of murder, three counts of attempted murder and defeating the ends of justice.
Advocate Piet Pistorius SC, for Mohammed, said the defence needed to prepare for the bail application, therefore the state has to provide the grounds it is relying on to charge the accused.
“I’d ask what prima facie evidence they rely on at this present point in formulating charges ... I apply that if the postmortem has been conducted on the deceased, can it be made available to the defence today,” said Pistorius.
He also requested that the state provide the CCTV footage the investigators have and the witness statements that have been collected so far.
Kekana, Motseothata, Legodi and Mohammed were arrested this week for Ntumba’s murder. Ntumba was killed during a student protest in Braamfontein on March 10. Police were dispersing protesting students when they fired at him at close range, according to witnesses. Video footage of the incident circulated on social media platforms.
Prosecutor Penwell Mhaga told the court that the defence will get the postmortem report by tomorrow.
However, Mhaga said he could not commit on when the defence will be able to receive the CCTV footage as it has been sent for analysis. Mhaga said the state would try its best to provide the required information before March 24, which is the date of the bail hearing.
He added that the state would not rely on the CCTV footage and witness statements in opposing the bail application.
National Prosecuting Authority spokesperson Phindi Mjonondwana told journalists outside court that the state is not yet at a stage where it can disclose the contents of the docket.
“It will happen when we are trial ready. As soon as we are trial ready, we are obliged as the state to disclose the contents of the docket ... We are at the stage of bail application, let us jump that hurdle first. The state needs to finalise its investigations, get itself trial ready and then the defence will get the necessary documentation,” Mjonondwana said.
She said the three counts of attempted murder relate to three statements from other people who were injured on the day of the shooting.
“In relation to that charge, we may add other charges as and when people come up. For now these are provisional charges preferred against all the accused,” she said.
She said that the charge of defeating the ends of justice relates to the conduct of the police on the day of the shooting.
“We are alleging, as the state, that the police officers failed in a manner that upholds the law. They failed even to report the incident to their superiors or station commanders. After they were alerted at the scene, they failed to take precautionary measures to ensure that the scene is cordoned off and the injured person gets the necessary help,” Mjonondwane said.
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