Two men from Cape Town accused of being mass killers have been acquitted for an incident in which 12 people lost their lives, Cape {town} Etc reports.
Also read: Court to decide whether to unmask witness of Khayelitsha mass killing
Three years ago, on 15 May 2021, an extortion-linked mass shooting claimed the lives of 12 people in Khayelitsha.
On Tuesday, the Goodwood Prison Court ruled that the only surviving witness in the case was unreliable. It reportedly found inconsistencies in ‘Mr Z’s’ versions of the event and that his evidence contradicted his statement.
He testified on 29 July wearing a face mask to protect his identity. According to Daily Maverick, the media was not allowed to listen and the public gallery was cleared.
In their 174 of the Criminal Procedure Act application, the lawyers of Yanga ‘Bara’ Nyalara and Wanda Tofile, alias Mampintsa, asked for both accused to be acquitted of their charges as Mr Z’s evidence was ‘so replete with lies and inconsistencies that it was impossible to discern the truth from the lies’.
Section 174 allows an accused person to be released from custody when the State’s case is concluded if the court is unable to establish any connection between the accused and the alleged offence.
‘In his first statement, Mr Z did not identify Mampintsha as one of the persons involved in the incident. His statement only identified two persons. Mr Z only included Tofile for the first time in his second statement four days before this trial started,’ their application read.
‘It is so obvious that Tofile was only added after he saw a photo of him in a photo identification that even the court pointed this out. Instead of being honest, he lied and blamed the police for leaving Tofile out of his first statement.’
Furthermore, they highlighted a flaw in Mr Z’s testimony – that Nyalara wore a Fabiani tracksuit cap and black takkies and that Thulani, who died, wore a black jersey, black jeans, black takkies and a black hat. He said Tofile wore a black top, jeans, and takkies but no hat.
The lawyers stated that his identification evidence was ‘shocking’.
‘Mr Z’s attempt to save face by asserting that he identified them from their clothing further undermines his reliability,’ they added.
‘What is fatal for Mr Z is that those persons were not dressed even as he described to the court. He got almost every single item of clothing wrong. This supposed method of identification makes no sense.’
The defence team argued that there was no credible prima facie evidence implicating the accused and stated that Mr Z’s testimony was neither truthful nor reliable.
As a result, the court was forced to acquit them.
However, they will remain in custody due to other cases. Tofile was sentenced on a charge of theft and is scheduled for release in September. Nyalara faces a business robbery charge and is due in the Khayelitsha Magistrates’ Court on 22 August.
Also read:
Court debates use of mask for safety of surviving trial witness
Picture: Supplied