MOMENTS before Thato Mokoka was shot by a student constable one of the officers who searched Mokoka's shack repeatedly told his colleagues that there was no gun in the shack and that they should leave.
Constable Clifford Mathebula of the Dobsonville police station, who was one of the six officers who searched Mokoka's shack, yesterday testified in the Johannesburg High Court that he had twice told his colleagues to leave the area because no gun had been found.
"I first said this while still in Mokoka's shack and repeated it when I left the shack," Mathebula said.
He said when he left the shack he saw student constable Sipho Mbatha pointing an R5 rifle at Mokoka, who was lying face down.
"I again told the officers to leave because there was no firearm in the shack," Mathe- bula said.
He said after having taken about nine steps he heard shots and looked back to see what was happening.
"I saw Mbatha throwing the gun on the ground and leaving the area," he said.
Mbatha, 47, stands accused of fatally shooting Mokoka on February 14 this year.
Mathebula said he and another officer had heard another unit asking for back-up from another nearby van.
The officers asking for backup were Mbatha and Warrant Officer Matsopola.
"Matsopola told us there was a certain house in the area that had a gangster with a gun."
Mathebula said they were joined by another van with two officers.
Six officers formed a three-van convoy and headed for Mokoka's home. He said when they got there, Mokoka's grandmother showed them where Thato slept and they knocked.
"People inside took their time to open the door and (we) presumed they were hiding the firearm.
"They took three to four minutes before opening. We found two boys and two girls."
Mathebula said he entered the shack and "searched it but could not find any gun. That's when I told my colleagues to leave."
'Accused ignored colleague'
MOMENTS before Thato Mokoka was shot by a student constable one of the officers who searched Mokoka's shack repeatedly told his colleagues that there was no gun in the shack and that they should leave.
Constable Clifford Mathebula of the Dobsonville police station, who was one of the six officers who searched Mokoka's shack, yesterday testified in the Johannesburg High Court that he had twice told his colleagues to leave the area because no gun had been found.
"I first said this while still in Mokoka's shack and repeated it when I left the shack," Mathebula said.
He said when he left the shack he saw student constable Sipho Mbatha pointing an R5 rifle at Mokoka, who was lying face down.
"I again told the officers to leave because there was no firearm in the shack," Mathe- bula said.
He said after having taken about nine steps he heard shots and looked back to see what was happening.
"I saw Mbatha throwing the gun on the ground and leaving the area," he said.
Mbatha, 47, stands accused of fatally shooting Mokoka on February 14 this year.
Mathebula said he and another officer had heard another unit asking for back-up from another nearby van.
The officers asking for backup were Mbatha and Warrant Officer Matsopola.
"Matsopola told us there was a certain house in the area that had a gangster with a gun."
Mathebula said they were joined by another van with two officers.
Six officers formed a three-van convoy and headed for Mokoka's home. He said when they got there, Mokoka's grandmother showed them where Thato slept and they knocked.
"People inside took their time to open the door and (we) presumed they were hiding the firearm.
"They took three to four minutes before opening. We found two boys and two girls."
Mathebula said he entered the shack and "searched it but could not find any gun. That's when I told my colleagues to leave."