Evidence from an identity parade with the three men accused of killing reggae star Lucky Dube, is admissible, the Johannesburg High Court ruled on Wednesday.
”However, it is necessary to review the ruling after hearing argument at the end of the trial,” said Judge Seun Moshidi.
He said reasons for this ruling would be given at the end as part of the merits of the trial.
The ruling comes after the court granted an application for a trial-within-a-trial, after the defence team raised three concerns.
The first was the possibility that a state witness — Siphiwe Mlaba — might have seen the three accused before the identity parade when they appeared for the first time in the Johannesburg Magistrate’s Court on October 23 2007.
Secondly, that the accused had no legal representation when an identity parade was held.
Lastly, that they were not informed in time about an identity parade held on October 29 2007.
Mlaba, who was also allegedly hijacked by the three accused, continued his testimony in court on Wednesday.
Julius Gxowa, Mbuti Mabe and Sifiso Mhlanga, all in their thirties, are on trial for allegedly killing Dube outside his brother’s house in Rosettenville, south of Johannesburg, on October 18 2007.
They 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. — Sapa