Drama in the trial of three men accused of murdering East London businessman Martin Whitaker continued in the East London Regional Court on Friday when the State withdrew armed robbery and murder charges against the last man still facing the charges.
The State on Friday withdrew charges against Sinikiwe Ncamazana due to lack of evidence.
Ncamazana, his elder brother Dumisani Ncamazana, a former Azanian People’s Liberation Army cadre who was recently pardoned of previous crimes by President Thabo Mbeki, and fellow accused Luntu Nguye were accused of murdering Whitacker (35) on May 27.
Dumisani Ncamazana still faces charges of illegal possession of two firearms. He is to appear in the court on August 30 to apply for bail.
Eastern Cape Director of Public Prosecutions Mzwandile Ntsaluba told reporters outside the court that the murder and armed robbery charges were withdrawn against Sinikiwe after investigating officer Captain Zukile Bawuti, prosecutor Johan Carstens and defence attorney Mzimhle Popo viewed video footage taken during an identity parade before the continuation of Sinikiwe’s bail application on Friday morning.
The tape showed that a different person was identified in the parade. According to Sinikiwe Ncamazana’s evidence in chief, there were 21 people in the identity parade and he was number 15, but the person who was pointed out was number 11, a man known as Dubai.
Ntsaluba said Dubai would not be charged as he was not a suspect. But, according to police records, Sinikiwe Ncamazana was the one identified at the parade by Whitaker’s partner, Liesel de Villiers.
Ntsaluba said the police’s identity parade report had been the only vital link connecting Sinikiwe Ncamazana with Whitaker’s murder.
He is still in custody without bail on a charge of allegedly murdering taxi driver Xolani Gongotha on June 28 and will appear in court on August 28 on that charge.
According to the investigating officer Captain Zukile Bawuti, a 9mm semi-automatic pistol used to kill Whitaker was found at the scene of Gongotha’s murder. It was later established that the pistol belonged to a security guard, who was robbed of the firearm in May, prior to Whitaker’s murder.
Bawuti confirmed to the court that Sinikiwe was still going to be charged for robbing the man of the firearm.
Also present at the media briefing was Whitaker’s brother, Andrew, who expressed concern about the withdrawal of charges and the fact that the fingerprint results were still to be processed three months after the incident occurred.
He questioned the method employed to identify the suspect, which Ntsaluba confirmed was done face to face, claiming that one of the witnesses was intimidated.
Sinikiwe Ncamazana told the court on Thursday that on the day of Whitaker’s murder he was at home selling ginger beer and building his shack in Cambridge informal settlement.
Popo also claimed Sinikiwe Ncamazana was tortured by serious violent crimes unit officials in an attempt to force him to falsely implicate his brother in Whitaker’s murder. But magistrate Anton Nel declared Popo’s claims as irrelevant to the bail application. – Sapa