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Gun powder tests could bust suspects

Three men who allegedly robbed a Durban gambling outlet and killed one of their own during a shootout with police tested positive for gun powder residue.

This was what Pretoria forensic investigator Zanele Sangweni, who conducted tests on the three, told Judge Busisiwe Masipa in the Durban High Court yesterday.

The tests were done on Philani Luthuli, Sifiso Ngongoma and Sibongiseni Zulu on April 1 2014.

Luthuli, 22, Ngongoma, 22 and Zulu, 32, with the deceased Bhekokwakhe Luthuli, 30, allegedly robbed Marshalls World of Sport Betting on March 31 2014.

Luthuli died on the scene after he was shot, allegedly by one of the accused in a shootout with cops.

The three are facing charges of armed robbery, murder, attempted murder, and possession of unlicensed firearms and ammunition.

They all pleaded not guilty to all charges against them.

"On April 1 2014, I was instructed to come down to Tongaat police station to conduct gun powder tests on suspects who were arrested on March 31 for robbing the gambling outlet," Sangweni said.

During cross-examination by state prosecutor Kelvin Singh, Sangweni said she had used a sticky plastic usually used for testing for gun powder from the hands of suspects.

"You cannot see powder with bare eyes, it can only be seen in a laboratory. I started by testing accused 1 (Luthuli) on all the fingers of his right hand and proceeded to the others. When I was done I put each test in a separate box," Sangweni told the court.

Singh asked Sangweni how she had managed to identify those boxes. Sangweni replied that she had written the names of the suspects outside and each box had its serial number.

She said after completing tests she had sealed the boxes in front of the suspects, put them in the exhibit bag and wrote the case number and name of the station on the outside.

Defence council Marshal Zulu asked if the results had come back negative that would have meant the suspects did not shoot the firearm.

Sangweni said the results could have been negative if the suspect had brushed or washed his hands.

When asked if gun powder lasts forever on skin, she said that was impossible as it goes away when someone washes or brushes the powder away.

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