Durban — “We don’t know what kind of criminality the police are up to in separating them when they appear in court because if they were all caught in one place together and there’s one case number at that time, we don’t know what criminality they are up to separating them like they committed separate offences. Only the police can explain this.”
This was what defence attorney Mthokozisi Mazibuko said outside the Pinetown Magistrate’s on Wednesday, after the bail application for his two clients, alleged to be linked to the mass shooting in Savannah Park, did not proceed.
Following their arrest, Njabulo Mchunu, Comfort Ngubo, 22, and Nicolas Sphamandla Hadebe, 24, appeared in court on August 3, where the matter was adjourned to Tuesday for Ngubo and Hadebe to make a bail application, while Mchunu was to appear for his bail bid on Thursday.
The three were said to have been linked to the mass shooting in Savannah Park after eThekwini mayor Mxolisi Kaunda announced, at the time he visited the bereaved family, that three suspects allegedly linked to the shooting had been arrested.
On the day of the alleged shooting, gunmen opened fire at Siqhopholozi tuck shop in Savannah Park, killing tuck shop owner Bhekumuzi Mzobe, his nephews Siboniso Mzobe and Sanele Khenisa, as well as Phumlani Mpithimpithi, Sphamandla Shezi and Siyakudumisa Mtshengu.
A seventh person also died later in hospital.
Ngubo and Hadebe’s bail application could not proceed as police had not done a criminal profile on them using their identity numbers, and this was still to be done.
The State said that the investigating officer, who had booked the two out earlier in the morning to verify their alternative addresses, had only received their ID numbers on Wednesday morning.
The two are charged with possession of a firearm without a license. According to the charge sheet Ngubo was found in possession of a 9mm pistol as well as 17 rounds of live ammunition and Hadebe was found in possession of a shotgun and 24 rounds of ammunition on August 2.
In court, Ngubo entered the dock first and his matter was dealt with and postponed, then Hadebe was called into the dock after Ngubo had exited the courtroom.
Mazibuko said outside court that the court would have to ask the police why the men’s cases had been separated.
“On the 16th they have to get bail, so at least what is happening with the investigation is done while they are on the outside, not in custody, because there’s no other evidence unless they come with other evidence.
“With what they have so far there’s no real evidence,” Mazibuko said.
The matter was postponed to next week to allow the investigating officer to do criminal profiles on Ngubo and Hadebe.
Daily News