Ismaeel Dhalech and Ebrahim Adams are the only two accused remaining in the ongoing CPF trial after Mahomed Ashraf and Yaseen Mohamed were acquitted of all charges relating to the murder of 26-year-old Khulekani Hlatshwayo on December 24, 2022.

Proceedings on February 23 focused on testimony from Yusuf Khan, regional branch manager of ADT, who was called to the stand as a defence witness. The defence closed its case following Khan’s testimony. Thereafter, both the state and the defence presented concluding arguments.

Witness testimony

Khan’s testimony was led by Dhalech’s attorney Ravindra Maniklall, who questioned him about an internal inquiry pertaining to ADT security guard Nkanyiso Zwane.

Zwane was one of two ADT security guards present at the scene the night Hlatshwayo was assaulted, and testified in court as a state witness on October 29 and 30.

According to Khan, ADT’s internal inquiry was prompted by a written request the company received from Zwane requesting legal assistance prior to him testifying in the trial. Zwane’s request was forwarded to ADT’s legal department, which determined that more information was needed for Zwane to be properly assisted, and recommended an internal inquiry be convened.

However, the inquiry only took place on October 31, the day after Zwane had already finished testifying. Khan said he was unaware that Zwane had finished testifying in court when the internal inquiry convened. He conceded that proceeding with the internal inquiry at that stage ‘defeated the purpose’, and could not explain why Zwane hadn’t said so.

Case closed

Delivering their concluding arguments, both Maniklall and Adam’s legal representative, Zubair Chothia, pointed out numerous inconsistencies and contradictions in the testimonies of the state’s witnesses.

“It is not about the quantity of evidence presented, but the quality,” Maniklall told the court, stressing that the prosecution’s case lacked substantive proof linking the accused to the alleged crime.

Chothia further criticised the investigation, referring to what he described as the ‘maliciousness’ of its conduct. He emphasised testimony suggesting that the investigating officer, Warrant Officer Henning De Meyer, allegedly coerced witnesses into implicating Dhalech by inserting his name as the guilty party.

Judgment

Magistrate S Sibisi has reserved judgment for April 24.

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