For more than two months, a murder accused in the Gqeberha high court kept quiet about the fact that his only alibi witness — his grandmother — had since died.
On Friday the high court heard that Siphuxolo Mhlana’s grandmother, who was meant to confirm he was at home on April 23 2020 when Lewin Fredlin Cowie was murdered in an alleged gang hit, had died before his trial got under way.
He claimed that on the day of the shooting in Palm Drive, Thomas Gamble, his grandmother had been at home with him and could have testified to that effect.
The elderly woman allegedly died in June before the start of his trial.
Asked by judge Nyameko Gqamana why he had not disclosed this when he first appeared in the high court in May and pleaded not guilty to the charges against him, Mhlana said he had informed his lawyer but did not know why it had not been mentioned at the time.
On May 3, Mhlana and his co-accused Jady Gerwel pleaded not guilty to charges of murder, attempted murder, contravening the Prevention of Organised Crime Act and the illegal possession of a firearm and ammunition.
Mhlana claimed that when he entered his plea and confirmed that he would not enter a plea explanation at the time, he had been unwell and had not properly followed court procedures.
He was later diagnosed with a contagious disease.
Probed further as to why he had never mentioned his alibi during his appearances in the lower courts where he applied for bail, Mhlana said his legal representative at the time had told him to remain silent because his bail would inevitably be refused.
In his evidence in chief, Mhana denied being near the scene of the shooting, and said he was not associated with any gang and had not heard any gunshots from his nearby residence.
According to the state, Mhlana and Gerwel were members of the Bay Boys Gang, a splinter group of the Never Broke Again (NBA) and Hondekoppe gangs, while Cowie was allegedly a member of rival gang Upstand Dogs.
It is alleged on the day of the murder Mhlana, 21, and Gerwel, 26, approached Cowie and another man who were sitting on the side of the road when Mhlana, in the presence of Gerwel, pointed a firearm at the two men and opened fire.
Cowie was shot several times and died at the scene from multiple gunshot wounds.
A police officer who witnessed the shooting gave chase after the two accused fled. They managed to evade the officer.
Mhlana and Gerwel were later arrested at their homes after they were pointed out to detectives by the police officer who had witnessed the shooting.
The case continues.
HeraldLIVE