Cape Town - There is a possibility that the State may withdraw charges against Thando Shuba, the man accused of killing several people in Khayelitsha as the court awaits confirmation of his alibi.
Shuba faces six counts of murder for his alleged involvement in the murder of two women and four men on March 20 at the Enkanini informal settlement in Khayelitsha. He is the only person who has been arrested and charged for the murders thus far.
Police spokesperson Novela Potelwa said: “No further arrests have been made in the Enkanini case except for the arrest of a 35-year-old suspect. He appears in court again today. The investigation will determine the motive for the shooting incidents.”
Police said a group of people were sitting outside in Lindela Road when three gunmen opened fire. Four men and two women were killed in the shooting. Shuba was identified by witnesses as one of the shooters and arrested days later.
On Monday, Shuba appeared in the Khayelitsha Magistrate’s Court. The State requested a postponement for video footage of his alibi to be verified. The State had received the footage on Friday but couldn’t view it due to its format.
Outside court, Shuba’s lawyer, Phindile Vepile, said they have three different clips to prove his alibi. These clips apparently place Shuba at a petrol station and a shopping centre on Erica Drive, Belhar, at the time of the incident.
“The video footage evidence is from two businesses and a student residence, all in Belhar. The relevant one is the Sasol garage footage, very close to the time of the incident just before 4pm. The incident is apparently after 4pm, so we have video footage showing him at the garage at 4.15pm.”
Vepile is confident this evidence will vindicate his client. “The footage will show that the witness who identified his photograph at the identity parade was mistaken when he said he was one of the people who committed this crime; he could not have been at two different places at the same time.”
State prosecutor advocate Ntsikelelo Malcolm Peter told the court the verification of the footage “may affect the way forward” since the State has yet to determine its position on bail.
Vepile said once the footage is verified, “it will mean the State doesn’t have a case. Video footage is regarded as real evidence. In the absence of anything to the contrary the video evidence will be accepted as accurate and correct over and above evidence of an ID parade on the basis that human beings make mistakes at times, they identify wrong people. It might be that one of the perpetrators looks similar to him but is not necessarily him.”
Shuba remains in custody and will be back in court on Friday.
rafieka.williams@inl.co.za