Observer on Saturday - - News -

One of the sus­pects in the at­tempted hi­jack­ing of Rhythm City ac­tor Dumi Masilela has re­fused to be charged for the crime‚ the in­ves­ti­gat­ing of­fi­cer in the case said yes­ter­day.

De­tec­tive Mthokozisi Ng­wenya shocked the Benoni Mag­is­trate’s Court when he made the rev­e­la­tion. “Last time I went to Mod­der­bee [Cor­rec­tional Ser­vices]‚ the sus­pect re­fused to be charged‚ say­ing that he needed to con­sult with his lawyer‚” Ng­wenya said.

“How did he refuse?” asked Mag­is­trate El­mari Schutte. “He re­fused to have his fin­ger­prints taken‚” pros­e­cu­tor Lumka Phoso said‚ as­sist­ing Ng­wenya. “You are a big guy. Take a few big guys and sit on his head if you have to. Just don’t hurt him. Don’t make him bleed. Bring your strong-armed men.

Get his fin­ger­prints‚” said Schutte‚ elic­it­ing laugh­ter from the court gallery. The po­lice should ex­plain to him that they will need to use rea­son­able force if nec­es­sary‚ she said. “If he gets hurt‚ whose fault would it be?” asked Schutte. “Just get on with it and be ready on the 21st‚ ” she added.

Dur­ing Wed­nes­day’s pro­ceed­ings‚ Ng­wenya told the court that the same sus­pect had re­fused to stand at an iden­tity pa­rade‚ which as a re­sult was not con­ducted.

He is one of three men who have since been linked to Masilela’s killing. Masilela was shot in Tem­bisa last month as he tried to flee from a gang of armed men. He later died in hos­pi­tal. One of the sus­pects‚ Mfundo Nkosi handed him­self over to po­lice after his ac­com­plice‚ Bongani Ma­som­buka‚ was ar­rested for a sep­a­rate crime.

BENONI - Con­fessed

Nkosi then con­fessed that he was present when Masilela was shot but al­leged that the third sus­pect‚ who po­lice said had re­fused to be charged‚ was the trig­ger­man. The al­leged shooter is cur­rently in po­lice cus­tody after be­ing ar­rested for be­ing in pos­ses­sion of an un­li­censed firearm. Bal­lis­tic tests are yet to be con­ducted to see if the gun matched the one that fired the fa­tal shot.

Yes­ter­day‚ the court heard that Nkosi and Ma­som­buka had since been linked to the crime scene. Nkosi was linked through fin­ger­prints found in a black Jeep that was al­leged to have been driven by the hi­jack­ers. An­other pair of prints were found in the ve­hi­cle. Phoso said: “The trac­ing team has traced [the owner of the sec­ond prints] and he will soon be added to this mat­ter.”

It was un­clear whether this sus­pect was the same one who is cur­rently in Mod­der­bee prison and had re­fused to have his prints taken or be charged. The ve­hi­cle had been found dumped in Tem­bisa a day after Masilela’s mur­der.

Ma­som­buka has been placed at the crime scene through his cell­phone records.

Although ev­i­dence against the trio has started to pile‚ they are yet to be charged for any crime re­lat­ing to Masilela’s at­tempted hi­jack­ing and killing. Ma­som­buka and Nkosi cur­rently face charges of rob­bery with ag­gra­vated cir­cum­stances in con­nec­tion with the black Jeep they al­legedly drove as they tried to hi­jack Masilela. The court has heard that the driver of the Jeep was in the car at the time.

Rhythm City ac­tor Dumi Masilela.

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