Couple killed outside Randburg court 'witnesses in assault case'

The National Prosecuting Authority confirmed on Wednesday that the man and woman who were shot and killed while walking towards the court gate were witnesses in a 2018 assault case against four police officers.

It’s alleged deceased woman, a domestic worker, had accused the officers of torturing her while they were investigating a burglary at her employer’s home.

The officers were charged with assault with intent to do grievous bodily harm.

“The two witnesses were part of our witnesses in our case that was registered against four police officials, who can’t be named as per the court order. The lady was under cross-examination, and she is the main complainant in the case,” confirmed NPA spokesperson Phindi Mjonondwane.

In line with the provisions of section 36 of the Criminal Procedures Act, the state requested the court to grant police permission to gather evidence from the officers, who have not been charged for the murders, including testing them for gunpowder residue.

“This amendment makes provision, in terms of 36 (c ) for bodily features to be taken with or without a warrant and a suspect does not have to be charged,” argued State Prosecutor Yusuf Baba.

The defence for all four respondents, Advocate Zweli Zakwe, argued that the state itself had acceded that his clients were not suspects in the killing and that subjecting them to such an investigation would be an infringement of their constitutional rights.

The investigating officer has also asked to secure the cell phones and firearms of the four police officers in question for ballistics and forensic testing.

Zakwe said the investigating officer was “overstretching” the relief he sought from the court which he says is limited to body prints.

“They are not charged; they are not suspects. This section provides for the state to embark upon a fishing expedition and cast their net very wide and see what they find…

“They are going to possibly be incriminated [with] whatever that is found in their phones. It may not be related to what happened today, but whatever may be found may expose them to other things – that is self-incrimination which in terms of our constitution is prohibited.”

The court ordered the officers, who are out on bail for the assault case, to cooperate with investigators.

"The application in terms of section 36, and all other applications, made are hereby granted to the state. There order is therefore the following; one, the respondents must cooperate with the investigating officer in the taking of the gunpowder residue test, the time and place will be determined by the investigating officer. 

"Two, the respondents must hand in their firearms - both official and private ones," ruled Sadike. 

The matter was postponed to 23 November for a decision by the senior public prosecutor.

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