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YOU LET COLD-BLOODED KILLER GO SCOT-FREE – SIPHO’S ADVOCATE

30/06/2022 09:08:00 Kwanele Dlamini

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MBABANE – “You had a solid case against a cold-blooded killer but you decided to let him go scot-free.”

This was said by Sipho Shongwe’s representative, Advocate Laurence Hodes yesterday when cross-examining the lead investigator in the murder of businessman Victor Gamedze, Senior Superintendent Sikhumbuzo Fakudze. Shongwe is accused of killing Gamedze on January 14, 2018. Mbuso ‘Ncaza’ Nkosi admitted to shooting Gamedze twice in the head at Ezulwini Galp Filling Station. Nkosi alleged that he had been coerced by Shongwe to kill Gamedze. The shooting of the businessman was captured on CCTV cameras at the filling station and the footage was played in court during Nkosi’s cross-examination.

Nkosi apologised to the nation and the Gamedze family for committing the murder. He testified as an accomplice witness and is yet to be indemnified from prosecution. More video footage was downloaded at Ezulwini SuperSpar and Ngwenya Border Gate. Advocate Hodes yesterday enquired from Fakudze if he had watched the footage from the three locations and he agreed. “Mr Shongwe doesn’t appear in any of the footage. The killer is seen in the video and the killer was made an accomplice witness and let go scot-free,” said the advocate. Fakudze disputed that the shooter, Nkosi, went scot-free because the court is still to decide if he is indemnified from prosecution. The advocate said the Crown had an intention of having him indemnified if he told the truth. Fakudze said that was for the court to decide.

Advocate Hodes stated that the investigator made the decision whether to utilise him as an accomplice witness. Advocate Michael Hellens, who appears for the Crown, said the court would make the decision whether Nkosi told the truth in his evidence. Advocate Hodes pointed out that the deal to offer Nkosi indemnity if he testified in the matter was taken by Fakudze and he responded to the positive. “You had a solid case against a cold-blooded killer but you agreed on a decision to let him go scot-free,” said Advocate Hodes. He said the Crown pinned Shongwe to the offence based on a cellphone that was not found on him. Fakudze said he investigated the matter and brought what he had gathered. He alleged that Shongwe acted in common purpose with the accomplice witnesses, Nkosi and Siphiwe ‘Tata’ Ngubane, as well as Sandile ‘Ndzodzo’ Zikalala/Luthango, who is still at large. Fakudze said the footage was downloaded to his computer for backup purposes.

Cellphone

Advocate Hodes also pointed out that no cellphone number could be tied to Shongwe, unless it had been SIM-swapped. The VELA exercise was introduced by MTN Eswatini to register SIM cards and that was after Shongwe had been arrested, said Fakudze. He also said the number, 7606 5652 was registered under V-Track, which was Shongwe’s company. Advocate Hodes said: “There is no official registration of this number to him (Shongwe).” Fakudze admitted that the number had not been registered to Shongwe but said it had been SIM-swapped to him in June 2017. The number, 7606 5652, nor any other number in Shongwe’s name, according to Advocate Hodes, ‘doesn’t make contact with any of the accomplices’. Fakudze said that was true. However, he said in his evidence-in-chief, and the evidence of other witnesses, Shongwe allegedly used other cellphones to communicate with the accomplice witnesses.

The advocate also stated that Shongwe informed the police that there were CCTV cameras at his home at Ngculwini, where he was when Gamedze was killed, and gave the police an alibi, that he was at home when the offence was committed. Fakudze said he did not view the CCTV footage at the homestead. According to Fakudze, Shongwe never said anything about CCTV cameras at his home and when the police spoke to him after his arrest, he elected to remain silent. The investigator submitted that he chose to respect Shongwe’s rights and did not view the footage. “He did not want to talk about the case, so I respected his rights.” The matter continues today.