AlgoaFM News
The State has closed its case in the trial of the man charged with the murder of Gqeberha Flying Squad member Dwane Kemp.
Sibusiso Mchunu is the only surviving suspect from the botched robbery at Le Bon Bakery in Central in 2019 in which Constable Kemp was killed along with four of Mchunu's alleged accomplices.
The High Court in Gqeberha now has to decide whether or not 26-year-old Mchunu was in fact inside the Le Bon Bakery when Kemp and the four robbers were shot and killed.
The Court will also need to decide if Mchunu should take the fall for the murder of his four alleged accomplices who died after Constable Kemp's partner, Sergeant Musa Hans, returned fire when one of the suspects shot and mortally wounded Kemp.
Presenting his closing arguments on Tuesday, State advocate Mujaahid Sandan told the court that Mchunu did not at any point disassociate himself from the common purpose with the other suspects but instead fled the scene to avoid arrest.
Sandan also described Mchunu as a poor witness who lacked credibility.
He said that he fabricated parts of his version, was evasive and gave the State vague answers during cross-examination.
Sandan also asked the court to grant Kemp's partner and longtime friend, Sergeant Musa Hans, indemnity from any possible prosecution as he meets all the requirements as prescribed by law.
Mchunu's attorney Zolile Ngqeza attempted to poke holes in the State's case - stating that the time on the CCTV footage used in court was about 30 minutes behind and that his client was not inside the bakery at the time of the botched robbery.
Testifying in court, Mchunu stated that he was not inside the bakery on that fateful morning
He maintained that he was in the Central area with his father to look for his cousin as they had heard a rumour that he had stolen his father's gun (it later transpired that the weapon was used in the LeBon Bakery robbery).
Ngqeza also told the court that his client had presented an alibi which the State chose not to pursue, even though they were obligated to do so.
He said Mchunu's father was available to be a witness but the State chose not to call him to take the witness stand.
Judgment is expected to be handed down on Monday 13 February
