Prosecutor ‘stalked by suspects’ before being gunned down

Frightening details emerged in court on Wednesday of how state prosecutor Tracy Brown was stalked by her alleged perpetrators before she was shot dead in the presence of loved ones.

The information surrounding Brown’s final moments was contained in an affidavit by investigating officer Warrant Officer Shane Bosch, in opposition to an application for the defence to gain access to parts of the docket.

His statement was read out in the Gqeberha regional court by senior state advocate Marius Stander during the court appearances of murder accused Sithembile Xungu, 33, and Ayabulela Busakwe, 31.

While Xungu has indicated that he is ready to apply for bail, Busakwe is still in the process of appointing legal representation.

Brown, 47, was stationed at the New Brighton Magistrate’s Court.

She was shot dead in the driveway of her home in Loton Street, Young Park, at about 3pm on July 31 while still seated in her vehicle, shortly after returning from work.

While magistrate Thabisa Mpimpilashe dismissed the state’s position that the court did not have the jurisdiction to deal with Xungu’s application to access the parts of the docket that allegedly linked him to the murder, she said she would hand down her final ruling on September 19.

Xungu and Busakwe face charges of murder, conspiracy to commit murder, and unlawful possession of firearms and ammunition.

Defence lawyer Sibongiseni Zimema had filed an application on behalf of Xungu ahead of a formal bail bid, arguing that it was his client’s constitutional right to have access to parts of the docket that potentially linked him to the conspiracy charges.

He said this information would enable him to adequately prepare for a bail application.

Stander, in opposing the application, said revealing the contents of the docket could hamper the state’s case as there were still suspects outstanding, and witnesses feared for their lives.

He said the application had been brought prematurely, and that such an application should only be dealt with once the matter had been set down for trial.

He said the application also fell out of the jurisdiction of the regional court.

However, Mpimpilashe, while not yet delivering a ruling on the application for access to contents of the docket, did not agree with Stander on the aspect of jurisdiction.

Steadfast against making the docket available to the defence at this stage, Stander then turned to the affidavit of Bosch, who has 25 years’ experience as a detective and a total of 35 years in the SA Police Service.

In his affidavit, Bosch stated that the footage obtained from cameras in the vicinity of the shooting showed how the accused, driving a VW Polo TSI, had allegedly scouted Brown’s residential area the day before the incident.

On the day of the shooting, Brown was followed by the same vehicle from the New Brighton court.

Once home, still seated in her Toyota Etios, and in the presence of two family members, two assailants wearing masks alighted from the car.

The driver remained behind the wheel.

The perpetrators then opened fire.

Brown was struck in the face, neck and abdomen. She was rushed to hospital where she succumbed to her injuries.

The assailants then drove off.

Bosch said the owner of the Polo was successfully traced and had become the first state witness.

After taking a sworn statement from the car owner, Xungu was named as a person of interest.

The witness had told the police how Xungu had borrowed his car on July 30 and returned it on September 2.

Bosch said further that there was evidence of cellphone communication, using three different numbers, between Xungu and Busakwe during that time.

Another witness had, meanwhile, seen the Polo driving “recklessly” towards Algoa Park, and identified Xungu as a passenger.

Xungu was arrested outside Komani on August 21 while on his way back from Gauteng.

While he first gave a false name, the police managed to link his cellphone to the communications with the owner of the Polo.

Bosch said Xungu later allegedly confessed to the arresting officer that he had been approached by a friend, who was awaiting trial at St Albans Prison, to “take care of prosecutor Brown” as she was “causing problems because he was facing a long term of imprisonment”.

Bosch said Xungu allegedly confessed further to having been the driver of the getaway vehicle.

He said a cellphone tower near Algoa Park had proved frequent communication between Xungu and Busakwe.

According to information obtained from another tower near New Brighton on the day of Brown’s murder, the duo had communicated 10 times.

Between July 15 and August 6, Xungu and Busakwe communicated a total 146 times. 

Meanwhile, yet another witness told the police that Busakwe had allegedly asked him to keep the murder weapon at his home.

Bosch said Busakwe had also allegedly made a confession.

According to the investigating officer, Busakwe said he had been approached by Xungu to drive the Polo.

He further pointed to Xungu as the alleged shooter.

Zimema argued that the state would not suffer any prejudice as they were only seeking details in the docket pertaining to Xungu.

Stander retorted that there were already “firearm-wielding men trying to trace witnesses”.

“We’ll find dead witnesses and no suspects. That’s what will happen,” he argued.

The matter was postponed to September 19 for judgment on the application. The accused remain in custody.

The Herald