Durban — The Durban High Court on Wednesday learned that an accused who died while in custody was able to take a car that does not belong to him at Isipingo pound.
Mfanufikile “Khe” Dlamini, the first accused in the murder of Dustin Pillay, a taxi boss at Shakaskraal, was allegedly driving a getaway car. Pillay was an executive member of the Dolphin Coast Taxi Association and was gunned down in September 2019.
The remaining co-accused of Dlamini are Cebo Xulu and Thokozani Mthethwa, who are facing 18 charges, including murder and eight attempted murders.
During cross-examination, the State asked a SAPS sergeant, a witness for the defence, about a vehicle that was taken to the Isipingo pound by the police on September 20, 2019.
The State senior prosecutor, advocate Elvis Gcweka, said that on this day, when Dlamini heard that there were police in his home taking a car which he claimed was his, he did not go there. He said Dlamini instead asked Xulu and Mthethwa to go to his home.
He told the sergeant that his colleague, who was also expected to take the stand but ended up not doing so, made a statement. He said in it he stated that the vehicle which was taken by the police at Dlamini’s home was released at the pound on October 3, 2019. He said that in the statement it was stated that the vehicle belonged to Dlamini.
Furthermore, Gcweka gave the sergeant a copy of a logbook. He also asked him to read an engine number and the vin number, both in the statement and in the logbook. He read them out loud. Gcweka further asked him to look at the logbook and to whom it belonged, and he said another name.
“According to this document, this vehicle does not belong to Dlamini. However, this car was released to Dlamini on October 3, 2019. You don’t know anything about that?” asked Gcweka.
The sergeant replied that he did not. Both the accused looked at each other, laughed and pointed at Gcweka.
Dlamini had said he was at the Isipingo pound on the day and at the time when Pillay was killed. Mthethwa said he had accompanied Dlamini to the pound, however, he only indicated this when he was on the stand.
Gcweka had questioned why he did not indicate that during his bail application, even when he was charged, but he said he had his reasons.
The defence had brought these two officers to take the stand to corroborate Mthethwa and Dlamini’s version of being at the pound; however, only one police officer, the sergeant, took the stand.
He said he could not recall when Dlamini came to the pound and did not know Mthethwa or Xulu. His colleague, in a statement, had denied that Dlamini came to the pound.
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