Extortion defence queries ID parade

THE state yesterday closed its case against a man who allegedly threatened to kill Eastern Cape department of health spokesman Sizwe Kupelo and Ngcobo-based medical doctor Litha Mboyana.

Mkhuthazi Excellent Gxaleka is on trial at the East London Regional Court after being charged with extortion in 2014.

He allegedly called and sent text messages to Kupelo and Mboyana, claiming he had been hired to kill them and that they should pay him to prevent such alleged hits from occurring.

While Mboyana paid Gxaleka R115 000, Kupelo did not.

He instead reported the matter to the police.

Gxaleka was arrested late in 2014 and has been in custody since.

State prosecutor Nceba Ntelwa yesterday called his last witness, retired Cambridge police Captain Michael Potgieter, to the stand.

Potgieter became involved in the case when he was asked by the investigating officer, Warrant Officer Hendrick Saunders, to conduct a photo identity parade.

Potgieter told presiding magistrate Nomthandazo Vabaza that Saunders had handed him a photo, alleged to be that of Gxaleka, for him to conduct the identification parade.

He said Mboyana had visited the police station to identify the man who had threatened to kill him through a photograph and instantly “did so within 30 seconds”.

Gxaleka – who has pleaded not guilty – is being represented by East London attorney Ntsikelelo Manyisane.

His defence centres on police arresting the wrong man and a flawed process in identifying him.

During a heated cross-examination Manyisane asked Potgieter: “Did you ask for the attorney of the suspect to be present during the identification parade?”

Potgieter responded: “No, I did not because I did not know who the suspect was at the time of the parade.” “The photo that you were given, do you agree with me that the suspect was wearing spectacles,” probed Manyisane.

“That is correct Potgieter said.

“Did you have any other picture where the suspect was not wearing glasses,” Manyisane asked.

“No your worship,” Potgieter responded.

Manyisane further asked which picture Potgieter would have preferred between that of the suspect wearing spectacles or no spectacles, to which he replied: “Definitely without.”

The trial your continues worship,” today. —