Court bungle sees murder suspect freed
NMU student’s family fear alleged killer will never be brought to book
THE anguished family of a Nelson Mandela University student who died after a brutal beating fear the man suspected of killing him will never be brought to book after he was set free following a bungle at court.
Zolile Mfeketho, 20 – accused of viciously attacking Asadullah Ajimudin, 19, in 2015 – was released from the Port Elizabeth Magistrate’s Court in a move the student’s father, Sayed Jalaluddin Ajimudin, said had opened wounds that had just begun to heal.
Mfeketho was released in August and has not been seen since.
He was arrested in September last year for the murder of Asadullah, a computer science and mathematics student, who died following a botched burglary in August 2015.
Ajimudin said the family now feared there would never be justice for his son.
The bungled release occurred after Mfeketho appeared in court on August 8. Instead of the case going ahead, it was struck from the role and Mfeketho was released.
At the time, Mfeketho was an awaiting-trial prisoner being held at St Albans Prison as he had been denied bail.
According to police, hours after he was set free the state prosecutor issued another warrant for his arrest.
According to insiders, the confusion arose as police, allegedly advised by the prosecutor, believed the case would be postponed so did not attend court.
They claimed they had subpoenaed witnesses but had not gone to court as they did not think the case would be heard.
According to the prosecutor, however, this was not the case and the docket showed no witnesses had been subpoenaed.
Asadullah, originally from Kimberley, was beaten unconscious while sleeping on a couch inside his flatlet in Ben Viljoen Street, Summerstrand.
He was in a coma for days after the savage attack with a cricket bat and died on August 8 2015, when his parents made the heart-breaking decision to turn off his life-support machines.
Deputy Director of Public Prosecutions Indra Goberdan said the matter being struck off the roll happened due to what appeared to be miscommunication between detectives and the prosecution.
“According to the prosecutor, the witnesses [police officials and detectives] were not at court for the second time and the magistrate struck the matter off the roll,” she said.
“There was also no proof in the docket that the detective had subpoenaed the witnesses.
“The matter seems to be a case of miscommunication but we are looking into exactly what happened.”
Goberdan said that once a magistrate struck a case from the roll, the suspect was automatically released.
“We are looking into what exactly transpired [in this case],” she said.
“My office was advising the prosecutor on this case and this is also news to me. I am personally looking into how this happened.”
Police spokeswoman Colonel Priscilla Naidu confirmed that Mfeketho had been released and that a warrant of arrest had been issued later.
“I cannot comment on the specifics of the issue,” she said.
“At this stage, all I can say is that the suspect was wrongfully released and a warrant for his arrest has since been issued.
“Detectives are currently attempting to locate him.”
Asked if the matter had been set down for trial, Naidu confirmed that police officers and detectives who worked on the case had been subpoenaed to give evidence as the trial was set to start.
Mfeketho had been arrested for Asadullah’s murder as he left prison last year after serving three months of a nine-month sentence for burglary.
Yesterday, Ajimudin senior said the family was shocked when it heard Mfeketho had been released.
“We are angry,” he said. “The wound
was starting to heal and we were coming to terms with this and allowing justice to run its course. But on hearing this news, it reopened the wound.
“We were planning to come to Port Elizabeth for the sentencing but now we are just wanting him to be rearrested.”
At the time of his arrest, Mfeketho was believed to be part of a gang allegedly headed by Melikhaya Duba, 32.
Duba, who is also known as “Blade”, was considered one of Nelson Mandela Bay’s most wanted suspects until his arrest in August last year on an unrelated matter.
The gang continued its alleged crime spree after his arrest.
They are believed to have terrorised several NMU students and residents in suburbs such as Walmer, Walmer Heights, Charlo and Lorraine.
Duba, believed to be a high-ranking member of a prison gang, is still in jail awaiting trial.
Detectives are also still investigating links between the gang and various taxi-cab drivers, who were allegedly dropping people off in various suburbs to commit robberies and then later picking them up and acting as getaway drivers while also transporting the stolen goods.