One of the accused in the Jeppestown killings says he was not in the house during the bloody shoot-out in July, the Roodepoort Magistrate’s Court heard on Thursday.
One of the defence attorneys, representing accused number six, told the court his client should be granted bail as he had an alibi.
Seven of the 16 suspects were appearing on a bail application. They shuffled sideways into dock as they were all handcuffed to one another. Two were on crutches and one had his left hand in a bandage. As the accused sat down, police removed the handcuffs.
The other eight suspects cancelled their bail applications on August 21. Another accused had not appeared as she was in hospital.
In a previous appearance, prosecutor Mardie Human asked for an order prohibiting publication of the identities of the accused because the investigation was still under way.
In an affidavit read to the court, the father of accused number six’s fiancé said he was in their house and in his presence before and during the shooting. Their house was next to that in which the suspected robbers shot and killed four police officers in Jeppestown. Eight robbers were also killed in the bloody shoot-out.
He said they heard the gunfire, and when police called all men to come out into the street, his future son-in-law was arrested. Gunpowder residue tests, done on all the accused, also showed no gunpowder was found on accused number six.
”If you take this aspect and the alibi, one can conclude the state does not have a strong case against accused six and the court should allow that he be released on bail,” the advocate said.
The suspects allegedly robbed a Pick ‘n Pay in Honeydew before fleeing to the Jeppestown house where the shoot-out ensued.
Attorney Jurie Hayes also said the state does not have a strong case and said a distinction needs to be drawn between the robbery and the murder. He said accused 12 should be given bail as it does not appear any of his fingerprints were found at the scene, and he was not fingered during an identification parade.
Hayes said the only way the state could prove guilt would be to prove common purpose, an act of participation or association. According to the law of common purpose, acts of a group are transferred to each of the accused.
Gunpowder residue found on accused 12 was ”not important” as there was a lot of firing in a confined space, and ”residue would have been found on anyone in that area”.
Hayes said 15 firearms were found in the house, and another three that belonged to police. With eight robbers killed, there would have been some who did not have guns in their possession. ”The state will have grave trouble in proving common purpose.”
The case was postponed to September 13, as one of the defence attorneys had to leave early and magistrate Delize Smith required further evidence.
Smith said she would like evidence heard on accused number six’s statement.
All 16 accused will appear together on October 16. In contrast to the previous appearance of the accused, there were no protesters, and the court was only three-quarters full.
The suspects have been charged with murder, attempted murder, armed robbery and possession of unlicensed firearms. — Sapa