One of the men accused of murdering Nelson Mandela Bay prosecutor Tracy Brown has abandoned his bid for bail.
This, after his application to gain access to the police docket — and further insight into the evidence allegedly linking him to the offence — failed in the Gqeberha regional court on Friday.
Murder accused Sithembile Xungu, 33, will now remain in custody alongside his co-accused Ayabulela Busakwe, 31, who is still finalising his legal representation.
After hearing arguments from both the state and the defence on the matter, magistrate Thabisa Mpimpilashe found that the affidavit by investigating officer WO Shane Bosch, which was read into the record, contained enough details for Xungu to prepare for a formal bail application, if he so wished.
Xungu, through his defence lawyer Sibongiseni Zimema, had filed an application on September 10 to access the parts of the docket that potentially linked him to the conspiracy charges relating to the murder of Brown.
Zimema said at the time that the information would enable him to adequately prepare for his client’s bail application.
Opposing the application, senior state advocate Marius Stander then read Bosch’s affidavit into the record.
Stander had vehemently opposed the application, arguing that 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.
Mpimpilashe agreed.
After Mpimpilashe’s ruling, Zimema asked for a short adjournment to consult with his client.
When proceedings resumed, Zimema indicated that Xungu had elected to abandon his bail application.
The matter was postponed to October 30 for further investigations.
Xungu and Busakwe remain in custody.
The two face charges of murder, conspiracy to commit murder, and unlawful possession of firearms and ammunition.
Brown, who was stationed at the New Brighton magistrate’s court, was shot dead in the driveway of her home in Loton Street, Young Park, at about 3pm on July 31, while seated in her vehicle, shortly after returning from work.
Bosch’s statement revealed that Brown was stalked by her alleged perpetrators before she was shot dead in the presence of her loved ones.
The Herald
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