Hostel evidence to be held in camera

STATE evidence against the man accused of fatally shooting a witness who was due to testify in a Glebelands Hostel murder trial is being held in camera.

Durban High Court Acting Judge F Abraham made the ruling after senior State advocate Calvin Singh’s application.

“If a person can be killed in that fashion at the exit of the court, I cannot help but conclude that the danger against someone testifying in this court is not something that is farfetched. That leaves me with a feeling that there is no respect for our courts. I am of the view that justice demands that the order be made in favour of the State,” said Abraham.

He was referring to Sipho Ndovela, a Glebelands Hostel resident, being gunned down in May 2015 at the uMlazi Magistrate’s Court before he could testify.

Mxoleleni Bhekani stands accused of his murder.

The State witnesses had pointed him out in an identity parade.

According to the indictment, Ndovela was a single witness in a murder case which took place at Glebelands Hostel in 2015.

The State alleges that before the incident, Bhekani and his two accomplices conspired to kill Ndovela.

It is alleged the armed men approached Ndovela and fired several shots before fleeing.

A total of 93 people have been killed at Glebelands Hostel in the past few years.

The hostel was recently under the spotlight during the Moerane Commission of Inquiry into political killings in the province, where Glebelands was described as a haven for hitmen.

Abraham yesterday ruled that the State witnesses’ evidence would be held behind closed doors with only court staff and accredited members of the media allowed inside.

Abraham said it was in the interest of the witnesses’ safety and because of the ongoing violence at Glebelands Hostel.

Singh had argued that because of safety fears, one of the witnesses had moved to another province and some were under witness protection.

Bhekani’s lawyer, Winston Maqutu, did not oppose the application but had objected to the media being present be- cause he said they could not be trusted not to publish witnesses’ names.

“The media holds a key position in society. The media’s right to freedom of expression is for the benefit of the public’s access to information and forms part of the accused’s fair trial,” said Abraham.

The first State witness yesterday testified that he was present when Ndovela was shot. The witness, who was a resident at the hostel since 2009, testified that he had moved from one block to another because he felt unsafe.

“I moved to another block because the situation was bad. People were being killed. This group was attacking us and removing us at gunpoint,” he said.

The trial continues today.