Phiwokuhle Mothemela
The trial of a group of men accused of plotting and executing a deadly attack on a rival drug post in Kwanobuhle, Kariega in 2023, got underway in the Gqeberha Regional Court on Tuesday.
Mzolisi Nyiki, Sinethemba Mahlahla, Unathi Debooi, Shafiek Jones, Lee Fortuin, Shane Arends and Rivaldo Baartman face numerous counts of murder, attempted murder as well as inciting a pattern of criminal gang activity, and performing an act aimed at bringing about, promoting or contributing towards a pattern of gang activity.
However, during proceedings, Magistrate Nolitha Bara, withdrew charges against Arends, who will become a state witness. She also cautioned that if the court was not happy with his testimony, the charges against him could be reinstated.
The remaining six accused all pleaded not guilty to the 17 charges contained in the 13-page charge sheet.
The state accuses Nyiki, who allegedly operated a drug post in Kwanobuhle in Kariega, of issuing a verbal threat against a rival drug dealer, Thulani Matyu, who operated out of a place in Mdlele Street, also in Kwanobuhle.
This allegedly followed "recent conflict" between alleged drug runners working for the two men.
According to the charge sheet, when Matyu failed to respond to Nyiki, who the state says is associated with the "Upstand Dogg" criminal gang based in Bethelsdorp in Gqeberha, he became "infuriated".
The state further claims that Nyiki, at the alleged headquarter of the gang, had "incited, commanded, encouraged, or procured the members of and/or participants in and/or associates of the Hondekoppe / Upstand Dogg criminal gang, to wit accused 4 (Jones), accused 5 (Fortuin), accused 6 (Arends) and accused 7 (Baartman), to murder Matyu and/or his friends and patrons".
The court papers indicate that they were armed with at least two revolvers and a semi-automatic pistol when the attack was carried out on 11 July, 2023.
The document further states that accused 3 to 7 were dropped off by accused 2, Mahlahla, near the rival drug post and they had agreed on a pick up point.
The men the proceeded on foot to the place in Mdlele Street where they opened fire, shooting ten people, seven of whom were killed on the scene, while three others sustained gunshot wounds and were taken to hospital.
The trial will resume on Wednesday for the defence to read the plea statements into the record.
