Cape Town - The trial of Mikyle Davids, the alleged leader of the “Laughing Boys” who challenged former Western Cape High Court Judge President John Hlophe and lost, has appeared in the Pollsmoor Prison Court as the defence’s case started.
Davids, 26, Tyrone Davids, 27, Mikyle Abdullah, 25, Shamieg Matheson, 26, Moenzier January, 49, Malieka Meyer, 35, and Moegamat Kamish, 67, are charged with 28 counts under the Prevention of Organised Crime Act (Poca) and three murders between 2017 and 2019.
On Wednesday, Davids, bowing his head when facing the judge to answer questions posed by his lawyer, denied his involvement in the killings.
Implicated in the possession of firearms, Davids denied that he even touched a gun, or that he hit Gertrude Jantjies with a brick before she was killed in 2019.
He said that in 2019, he was sent to buy alcohol when he was implicated by other members of the gang.
Kamish brought an application through her lawyer to be discharged from the offences before Acting Judge Raadiyah Wathen-Falken.
Her lawyer, advocate Mogamat Salie, brought the application arguing the State did not prove it had a case against Kamish.
It was argued that the State in no way led evidence to prove she was aware the gang members were using her property for the commission of the offences, or that she benefited from her home being used for “hiding guns” and “smoking drugs”.
Salie said: “He (she) was in his (her) room when so-called gangsters entered his (her) residence.” (Mogamat Kamish, born a male, identifies as female.)
The State prosecutor said: “This particular part of Hanover Park is a close-knit community – people know each other.”
She made further reference to a “culture of arrogance” the alleged gangsters displayed – in particular the “Laughing Boys” after they committed the crimes.
Judge Wathen-Falken said at face value the State’s case against Kamish may seem like “thin evidence”.
However the judge said the law hadn’t progressed enough in gang-related matters to view Kamish’s involvement in isolation.
“The list of charges must be seen in conjunction with the Poca,” Judge Wathen-Falken said.