Dube trial within a trial granted

Judge Seun Moshidi granted an application for a trial within a trial in the Lucky Dube murder proceedings in the Johannesburg High Court on Thursday.

This was to determine the admissibility of an identity parade which was held on October 29 2007.

Earlier, the defence counsel pointed out that a witness who took the stand in the morning could have seen the accused when they appeared in court on October 23.

The counsel also added that the accused were given short notice about the identity parade and did not even have legal representation.

“I have carefully considered the grounds during lunch and come to a conclusion. In the interest of justice on the application for a trial within a trial for these grounds is granted,” said Moshidi.

The witness Simphiwe Mlaba continued being cross-examined on whether he had been present when the men appeared for the first time at a lower court.

Mbuti Mabe, Sifiso Mhlanga and Julius Xowa, all in their 30s, are on trial for reggae musician Dube’s murder, outside his brother’s house in Rosettenville, southern Johannesburg, on October 18, 2007.

The accused faced a charge of murder, two charges of aggravated robbery, one count of attempted aggravated robbery and two counts of the illegal possession of a firearm and ammunition.

Earlier, Mlaba told the court how the three men hijacked him on October 20 2007.

“I can see all of the men who hijacked me in court today,” he said pointing at the three accused in the dock.

He told the court that accused number one, Mhlanga, was the one doing the talking during the hijacking, while accused number two and three, Xowa and Mabe, got into his car in Jules Street in Johannesburg.

Mlaba said he got a call from the police the following day informing him that his car had been recovered.—Sapa