Durban — It has been three years since two alleged hitmen found themselves behind bars. The pair stand accused of killing taxi owner Dustin Pillay of Dolphin Coast Taxi Association, based in Shakaskraal.
Their trial was supposed to start in April last year but was met with delays when they asked the Durban High Court for more time to obtain cellphone records to prove their alibis.
In this trial, however, the State has disproved their alibis. Now that the trial has begun its final phase, it has been met with hindrances.
The accused – Cebo Xulu and Thokozani Mthethwa – are facing 18 charges, which include eight attempted murders and the murder of Pillay.
The State presented its evidence and called all its witnesses. The defence is almost at its tail end with its case. So far the defence has called its two witnesses, who were “alibis” of the accused. The State found the first witness’s evidence contradicted that of Xulu. On Monday, the witness, that the defence had brought to court denied knowing either of the accused.
Moreover, defence attorney advocate GJ Leppan asked the court for a postponement on Tuesday and said he would be bringing in two police officers from Isipingo Pound as his witnesses. He said these officers were initially State witnesses but the state said it was not going to use them anymore.
“There was confusion as the officers knew that they were State witnesses. I tried to get in touch with them but their commander said we had to give them 14 days. However, my learned friend (State senior prosecutor advocate Elvis Gcweka) said he was going to assist us,” said Leppan.
He added that the officers would come on Wednesday. Judge ME Nkosi accepted Leppan’s request and told the accused that the court would give them an opportunity to be able to get their witnesses.
Furthermore, last week, when Mthethwa was on the stand, he told the court that on the day Pillay was killed in September 2019 he was at the Isipingo pound with Mfanufikile Dlamini, an accused who died while in custody. However, Mthethwa failed to prove this as he said he was not sure if someone saw him at the pound because he remained in the car while Dlamini went inside the offices.
Moreover, Gcweka had questioned Mthethwa about why he never indicated during his bail application that he was with Dlamini on this day and even when he was being charged. Mthethwa said he had his reasons.
The State alleged that Pillay made a number of reports to the police relating to murders being committed in the taxi industry and he allegedly implicated some of the taxi owners and executive members of the association.
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Daily News