Evidence in Dube trial is admissible
Johannesburg high court Judge Seun Moshidi has ruled that evidence pertaining to the identity parade implicating Lucky Dube's alleged three killers in other hijackings is admissible.
"The evidence relating to the identity parade is admissible. The court will, however, if necessary, review this ruling after looking at all the evidence at the end of this trial," said Moshidi.
He said the reasons for this ruling will be given later as part of the ruling of the main trial. This after Moshidi granted the defence's application for a trial-within-a-trial.
Sfiso Mhlanga, Julius Gxowa and Mbuti Mabe are accused of killing Dube in Rosettenville, south of Johannesburg, in 2007.
Defence advocate for Mhlanga, Vuyo Jack, argued that the court should rule evidence from the identity parade as inadmissible, saying it was "irregular and flawed".
This was supported by Mpho Milubi and Vincent Soko representing Gxowa and Mabe respectively.
The defence also questioned witness Siphiwe Mlaba' s credibility.
They accused him of fabricating evidence in his testimony. They also questioned discrepancies in his testimony and his statement to the police the night he was hijacked. He, however, stuck to his testimony. Referring to Mhlanga, who allegedly pressed a gun to his chest while hijacking him, he said: "He is the one. I would know him one way or the other in any given situation."
Mlaba sparked giggles in the courtroom when he was referred to the statement he made to the police wherein he described Mhlanga as having a "dark complexion".
The trial continues.