Katlego Moeng and Sapa
A Johannesburg man described yesterday how the men accused of killing reggae star Lucky Dube had hijacked him two days later.
Siphiwe Mlaba told the court that one of the men pointed a gun at his chest and ordered him out of the car.
Mlaba was testifying in the trial of Sifiso Mhlanga, 32, Julius Gxowa, 30, and Mbuti Mabe, 29.
The three allegedly gunned down Dube on October 18 2007.
"Mhlanga knocked on my car window, pulled the door open, and pointed his gun at my chest. I had just parked on Jules Street in Jeppestown.
"Before driving off, he asked if I wanted to take a chance and again pointed the gun at me. I said nothing," said Mlaba.
Mlaba said he had successfully pointed out all three men during an identity parade.
But Judge Seun Moshidi granted an application for a trial within a trial process to take place after defence lawyers objected.
This was to determine the admissibility of an identity parade which was held on October 29 2007.
Earlier, the defence counsel had pointed out that a witness who took the stand in the morning could have seen the accused when they appeared in court on October 23.
The counsel also added that the accused were given short notice about the identity parade and did not even have legal representation.
"I have carefully considered the application and come to a decision. In the interest of justice, the application for a trial within a trial on these grounds is granted," said Judge Moshidi.