Durban — The Pinetown Magistrate’s Court reserved judgment in respect of a bail decision for a taxi owner charged in relation to the brazen shooting that happened outside the Pinetown police station in October.
Samkelo Lucky Zondi, who faces a murder charge as well as two counts of attempted murder, made his bail application on Wednesday where it emerged that he was arrested for the October shooting while in the dock charged with another murder for which he was out on bail.
Zondi, 34, in his current matter faces three other counts of being found with ammunition as well as a prohibited firearm.
The State told the court that in the pending matter Zondi also faced charges of being found with two firearms and ammunition. The alleged offence is said to have taken place in February.
State prosecutor A de Nysschen, reading from the affidavit of investigating officer, Sergeant Zamani Mgobhozi, said that in October the “deceased in the matter” had been with other occupants in a blue car parked outside the Pinetown police station.
He said the men were eating lunch in the car when a grey Mercedes parked opposite them and two gunmen alighted and opened fire.
De Nysschen said one of the occupants (Andile Khuzwayo) managed to get out of the vehicle while another occupant inside returned fire.
“Khuzwayo noticed that Samkelo Lucky Zondi was the driver of the car (the grey Mercedes). The applicant (Zondi) was arrested on December 7.”
The State opposed Zondi’s bail bid citing that Zondi could intimidate witnesses given the nature of their relationship in the taxi industry.
De Nysschen also said the State was opposing bail given the prevalence of the use of large-calibre weapons in the commission of offences in the country.
“He has a pending case and understands the sentence he could get, he has no fixed address and it would be difficult to locate him. The incident happened right outside a police station, he already had bail conditions in his pending matter.”
Zondi’s counsel, defence advocate W Lombard, argued that the State had not produced evidence that his client would interfere with witnesses, adding that it was more about suspicion and that was not enough or sufficient.
He added court that Zondi intended to plead not guilty, using the defence of an alibi. Lombard said Zondi would dispute that he was involved in any event leading to the killing of the deceased.
Reading from Zondi’s sworn affidavit, Lombard said on the day of the shooting Zondi had been with his girlfriend and would request from his cellphone network provider records to prove his whereabouts.
Zondi further alleged that he had been driving his girlfriend’s car on that day, adding that a “vehicle tracking report, as well as the cellphone report” would corroborate his alibi.
Daily News