WATCH: Constable Masuku case: husband denied bail

The Daveyton Magistrate’s Court has dismissed the bail application of the 34-year-old husband who stands accused of murdering his wife, Constable Prudence Masuku.

She worked at the Daveyton SAPS. At the time of her death, she was seven months pregnant.

His co-accused was granted bail when the two appeared in court on November 16. Both are facing charges of murder and conspiracy to commit murder.

Masuku was shot and killed in Putfontein while on her way to work and accompanied by her husband on June 23.

According to a police report, the couple were allegedly confronted by men in two taxis on Durant Road, Mkgoba Village.

Passengers of both taxis allegedly approached the couple and fired several shots at the police officer while her husband ran for cover.

When he returned to their vehicle, he allegedly noticed his wife’s service firearm missing and reported the matter to the police. The husband was arrested on the same day in connection with the murder.

His co-accused was arrested by members of the Hawks Serious Organised Crime Investigation Unit, Ekurhuleni Crime Intelligence and Johannesburg Metro Police after swiftly reacting to information about a suspect demanding cash for murdering the police officer from a ‘middle man’.

Gender-based violence
During the formal bail hearing, Magistrate Vinny Gobind denied the husband bail on the grounds that he was a danger to the public after seven cartridges were found on the scene and that the case relates to gender-based violence.

Gobind said the accused had failed to prove that there are exceptional circumstances to permit his release on bail.

It was revealed in court that on the day of the husband’s arrest, a gunshot residue test was administered and he tested positive for gunshot residue on his thumb and index finger.

In the latest court proceedings, Magistrate Gobind said he can’t help but ask why the husband ran for cover without considering his pregnant wife’s safety.

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“Why did he think of his wellbeing first and not of his wife who was in the face of danger?” he said.

He further asked why the husband didn’t protect her and why he abandoned her. While the magistrate was addressing the court, friends and family of Masuku and the female court interpreter cried hysterically, which led to the adjournment of the proceedings for 10 minutes.

Investigating officer murdered
It was revealed in court that the investigating officer Ezekial Moalusi, who worked for the Hawks Serious Organised Crime Investigation Unit in Germiston, was killed in recent weeks.

He had 40 years of experience in the SAPS. Hawks spokesperson Captain Lloyd Ramovha confirmed the death of Moalusi, saying it has not been proven whether his murder relates to the Masuku case.

Moalusi said in court previously that the accused shot his wife as he was physically abusive and was having an extramarital relationship with a colleague of his wife.

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He also said the accused’s girlfriend stated that the husband and wife were not on good terms.

According to Gobind, Moalusi previously testified in court that when he arrived at the scene at around 08:10 he found the deceased lying next to a maroon Renault Sandero with seven 9mm cartridges next to her body.

Moalusi said when he interviewed the husband his statement did not correlate with the crime scene and was not consistent.

State firearm
Accused two, the 30-year-old suspect, was arrested by Moalusi in Melville on July 7 and taken to the Putfontein SAPS where a picture of Masuku’s state firearm was found on his cellphone.

He allegedly took the police to the address in Johannesburg where the firearm was but upon searching the shack, which belonged to another man, the firearm was not found. Accused two then allegedly phoned the owner of the shack and he revealed where police would find the firearm.

It was allegedly found inside a dustbin wrapped in a black plastic bag and had no serial number.

Moalusi testified in court that the firearm that they found was similar to that of the state’s firearm and it was taken in for ballistics assessment.
Gobind said that post-mortem results had been released while ballistic results were still pending.

The second suspect’s defence lawyer argued that there was no evidence linking his client to the murder, conspiracy or possession of the firearm and refuted claims that his client was reportedly arrested after attempting to flee to Swaziland.

He further argued that the picture of the firearm was sent to him on Whatsapp.

Gobind emphasised that the two accused are facing serious charges and if found guilty the husband will be handed a life sentence.

Furthermore, if his co-accused lied about what happened he may face 15 years’ imprisonment for conspiracy to commit murder. The second suspect was released on R2 000 bail.

The matter has been transferred to the Benoni Regional Court for the start of the trial on November 23.

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