Cape Town - The State has secured a conviction in the trial of Abdur-Rahiem Israel who stands accused of a spate of robberies as instructed by a gang, and murder.
Israel was charged with 22 counts of murder, attempted murder, robbery with aggravating circumstances, possession of a firearm, unlawful possession of ammunition and charges related to gangsterism.
He is accused of killing two people, Jacobus Pietersen and Shahied Sallie.
The State alleged that Israel was involved in a pattern of criminal gang activity in Mitchells Plain between December 7, 2015 and October 14, 2018 and adopted tattoos which associate him with the gang.
Judge Elizabeth Baartman convicted him on 19 charges, including the murders and attempted murder charges, while he was acquitted on three charges.
Judge Baartman said the administration of justice lacked in some aspects of the investigation.
During the trial an eye-witness saw how Pietersen was shot but was unable to testify.
“I have my reservations about the standard of policing here… It defies logic that the police have been unable to trace the witness in more than four years,” Judge Baartman said.
She said people who were identified by witnesses and Israel as being involved in the offences should have been charged alongside him.
“It brings the entire administration of justice into disrepute when the law is selectively enforced and leads to vigilante attacks.
“It further lends credence to the oft repeated accusation that police operate in league with the gangs,” Judge Baartman said.
Israel’s versions of events were rejected as a result of what the judge described as “improbabilities”, “inconceivable” and “fabricated”.
“The accused’s versions were not credible and cannot be believed.
“He was often argumentative in cross examination when confronted with improbabilities in his different versions.
“The exculpatory versions are rejected as not reasonably possibly true,” she said.
What the judge did believe however was that he only joined the Americans gang while in prison, after the commission of the offences.
He was convicted on the the charge of Prevention of Organised Crime Act relating to his involvement in gangsterism.
Advocates Christiaan de Jongh and Luzaan Williams represented the State while advocate Nawaal Abdurahman represented the accused.