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04 Nov 2013 13:30
Musician Khuli Chana. (Gallo)
A case of attempted murder against musician Khuli Chana is continuing, Gauteng police said on Monday.
"He has not been charged yet. The investigation has not been completed.
The director of public prosecutions would be the one to decide whether to charge him or not," said Brigadier Neville Malila.
Read: Khuli Chana shooting a symptom of inept 'use of force' policy
Police said they obtained CCTV footage and statements from witnesses about what transpired last Monday at the Caltex garage along the N1 highway.
Malila said the evidence obtained corroborated the claim of police officers at the scene, that instead of stopping, the driver had tried to run over the uniformed police officers who were flagging him down.
Chana was then accidentally shot and wounded by police when they mistook his luxury vehicle for that of kidnappers they were tracking.
Enoch Motsepe, a detective from Silverton, in Pretoria, was arrested in connection with the kidnapping and appeared in the Germiston Regional Court on Wednesday.
The case was postponed to November 11 for further investigation and a formal bail application.
Motsepe was arrested last Monday after collecting the R100 000 ransom money at the filling station.
Chana's lawyer Cliff Alexander defended his client.
"Whether or not Khuli was or was not flagged down by unknown people still does not justify the [South African Police Service] having fired shots at him," he said in a statement.
"They [the police] have certainly exceeded the bounds as contained in section 49 of the Criminal Procedure Act."
Alexander said neither he nor Chana were aware of any CCTV footage.
"At this stage, we are unaware of any other CCTV footage other than the footage from the garage.
"We have not been provided with an opportunity to view any CCTV footage, despite having a constitutional right to view the same in order to fully protect his rights." – Sapa
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