One of the people arrested with crime intelligence boss Richard Mdluli said the state’s case against him was weak and he believed he would be acquitted, the Boksburg Magistrate’s Court heard on Thursday.
According to an affidavit by Colonel Sebastian Ximba (38), which was read to the court, he said he was not arrested near any crime, was not found in possession of any item that could link him to a crime, was not picked out of an identity parade, and was not linked through fingerprints or any forensic evidence.
He denied involement in the crime and said he had no desire to flee the country.
“I am not a flight risk … I don’t know who the state witnesses are and have no intention to intimidate or interfere with them,” the affidavit said.
He submitted that it was commom knowledge that the state had difficulties in proving its case given that 12 years had lapsed since the murder and that dockets were allegedly missing.
He said he didn’t understand why the state was opposing his bail on a mere allegation.
He said he should be released on bail because exceptional circumstances exist.
Mdluli took the stand after him and would continue testifying after lunch.
Mdluli was the only one to testify as his co-accused 52-year-old Lieutenant Colonel Mtunzi, court orderly Samuel Dlomo, 49, and Ximba had handed in affidavits.
Both Ximba and Dlomo said they intended pleading not guilty.
Mdluli and three others — 52-year-old Lieutenant Colonel Mtunzi, court orderly Samuel Dlomo, 49, and Colonel Nkosana Sebastian Ximba, 38 — are accused of killing Oupa Abel Ramogibe in 1999.
They are charged with intimidation, three counts of kidnapping, two counts of assault with intent to do grievous bodily harm, murder, attempted murder, and conspiracy to commit murder.
Ramogibe allegedly received death threats after marrying Mdluli’s ex-lover and was told to leave her or he would be killed.
He had opened an attempted murder case before his death.
Mdluli, who was the station commissioner at the Vosloorus police station in Boksburg, east of Johannesburg at the time, was accused of sabotaging the investigation. — Sapa