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Nel murder trial: Defence closes its case


A conspiracy by three independent state witnesses, police officers allegedly planting a firearm, and a bare denial that an accused was at the scene of a crime.

This is just some of the information that came to light while Andile Nyoka was in the dock, in the murder trial of Sergeant Mario Nel in the Gqeberha High Court on Wednesday.

The state alleges that Andile Nyoka murdered Nel at the Motherwell Magistrates Court where he was stationed as a court orderly, on 3 May last year.

The 42-year-old Nel was dressed in his full police uniform on the day.

It is alleged that Nyoka attacked Nel at around 08:50 while he was pinning the court roll for the day on the notice board.

He allegedly grabbed Nel's service pistol and the two of them wrestled for possession of the gun.

In the process, Nel was shot through his head.

During cross-examination by State Advocate Dail Andrews, Nyoka denied being at court on the day Nel was shot.

Andrews then asked Nyoka how three independent state witnesses placed him there on the day.

Nyoka said: "I don't know why they conspired against me to say I was there. All three of them."

Andrews put it to Nyoka that he went to court to obtain a firearm and that he attacked, shot, and robbed Nel of his service pistol.

He told Nyoka that he wanted to use the firearm in the furtherance of other crimes.

Andrewes further put it to Nyoka that after he left the court he boarded a taxi, threatened the driver and passengers with a gun, and then engaged in a brazen shootout with police.

The accused denied this.

He told the court he did not have a firearm in his possession on the day or that he fired gunshots at the police.

Both the state and the defence have concluded their case.

The matter was postponed to 17 September for closing arguments.