Durban — While one of the two men charged with the murder of a security guard who was shot and killed during a robbery at a liquor retailer admits to robbing the store, the duo have pleaded not guilty to the killing.
The men are alleged to have robbed Ultra Liquors in Mayville in October 2021 when South Africa was at Covid-19 alert level 1 with more restrictions eased. During the robbery, two security guards were shot and one of them died.
The trial against the two, Sinethemba Mtshali and Siyamthanda Gumede, got under way on Monday in the Durban High Court.
Mtshali is charged with robbery with aggravating circumstances, attempted murder, murder, and two other counts relating to being found in possession of a gun and 13 rounds of live ammunition without a licence.
He pleaded guilty to all the other counts except for murder and attempted murder.
Gumede is charged with robbery with aggravating circumstances, murder, and attempted murder. He pleaded not guilty to all the charges levelled against him by the State.
Legal Aid defence Zeera Fareed representing Mtshali read out his guilty plea explanation, while S Dlamini representing Gumede said that the accused had elected to exercise his right to remain silent.
“I admit that on 12 October 2021 at Ultra Liquors in Mayville I assaulted the complainants and used force and violence to bring them to submission and took from them items that included alcohol and two guns. On the day we planned to rob the Ultra Liquor, Dumz gave me (a) 9mm gun which I had in my possession on the way to the store. When we got there I noticed that the security guard had a gun and the intention was to rob him of his pump gun. The security guard and I struggled over the gun and I managed to gain possession.
“The security guard drew another gun and shot me in the arm. While injured I managed to stand up with the pump gun and left (the) 9mm behind. I left the pump gun in the car with others when I got off. I admit that on 12 October 2021, I had a 9mm gun and ammunition with no licence to do so. I got the gun from Dumz. I am truly remorseful for my actions and prepared to take responsibility,” said Mtshali in his guilty plea.
He denied the allegations of murder and attempted murder, explaining that he did not shoot anyone on the day in question.
State prosecutor Gugu Xulu said that she did not accept the facts of the robbery with aggravating circumstances as outlined by Mtshali, which means that he will be prosecuted for it and must offer a defence for it.
The State’s first witness, Jonathan Steyn, who had been the bottle store’s manager in 2021, told the court that on the day he had been at his desk capturing invoices.
“Suddenly there was a gunshot. I got on the ground as we were taught to.
“As I lay on the floor some of the employees were also lying down with me until (we) heard the commotion was coming to an end. We ran to the back left and closed the Trellidor behind us. As we made our way upstairs to staff I noticed that there was an individual with us who I did not recognise.”
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