All three accused in the Lucky Dube murder trial were informed in time about an identity parade where one of the witnesses pointed them out, a police officer told the Johannesburg High Court on Friday.
Captain Wiseman Siphungu, who was investigating the matter, testified in the trial within a trial, that he personally informed all the accused, which included Thabo Maropeng who has since been released.
”I personally informed the accused that the identity parade was going to be held on October 29 2007.”
He said this when the men appeared for the first time in the Johannesburg Magistrate’s Court on October 23 2007.
He further denied having seen a witness, Siphiwe Mlaba, who testified on Thursday about how he was hijacked by the trio.
”I did not see Mlaba in court on that day. I did not inform him that the accused were appearing.”
The defence team made an application for the trial within a trial on three grounds: that a witness (Mlaba) might have seen the men previously in court, that they were not informed in time about the identity parade and that they had no legal representation.
Siphungu told the court that he informed the men of their constitutional rights to bring an attorney of their choice at the parade, and that the State would provide them with one if they were unable to afford one.
”None of them told me they needed legal representation, except for Thabo Maropeng, who was then accused number three.”
Mabe, Mhlanga and Xowa, all in their 30s, are on trial for reggae star Dube’s murder, outside his brother’s house in Rosettenville, southern Johannesburg, on October 18 2007.
The accused face 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.
The trial continues. — Sapa