Africa-Press – South-Africa. The family of Mthokozisi Ntumba were “disappointed” that his alleged killers were found not guilty this week.
They will, however, be continuing a civil suit against Police Minister Bheki Cele.
The family believes that, despite the not guilty verdict, police officers were still responsible for the 35-year-old man’s murder.
On Tuesday, the Gauteng High Court in Johannesburg ruled there was no credible evidence to convict the four police officers accused of killing Ntumba. They were discharged on all counts.
The ruling came after the men brought an application for a discharge in terms of Section 174 of the Criminal Procedure Act.
Ntumba was killed in Braamfontein during student protests over historical debt. He had just left a doctor’s consultation at a clinic when he was shot dead.
Tshephisho Kekana, 27, Cidraas Motseothatha, 43, Madimetja Legodi, 37, and Victor Mohammed, 51, who formed part of police officers deployed to the scene that day, were arrested and charged with murder and attempted murder. The State alleged that three students, who were waiting outside the Johannesburg Institute of Engineering and Technology College, were also shot and injured on that day.
Cops accused of killing Mthokozisi Ntumba amid student protest want case thrown out
Speaking to News24, the Ntumba family’s legal representative, Rupert Candy, said: “Our client is obviously disappointed.”
Candy said the not guilty verdict had “no bearing, in our view, on the prospects of success in the civil case”. “There is no doubt the police caused the death of Mthokozisi, so it is a wrongful death.” The family were reportedly suing for more than R56 million. He said the civil matter was in the pre-trial stage.
He added that the minister had filed a plea in which he denied everything, without putting up a version. On Tuesday, during a lengthy judgment, Acting Judge Mawabo Malangeni said that, in the video footage presented to the court, the identity of the officials was unknown as they were wearing masks and were in police uniforms.
He said that, when the footage was played, no one had identified the accused, adding that the court could also not see any of the officials firing the shots. “In these proceedings, there is no direct evidence in the form of eyewitness or witnesses; I mean to say that there is no person to say he or she saw the accused persons or any of them committing the offences in question,” the judge said.
“The State’s case is premised on circumstantial evidence, being the video footage.” Malangeni said there had been 21 police officials on duty that day, and there was no evidence that the accused were given different ammunition and firearms.
The firearms used on that day were shotguns with rubber bullets, he said.
He said ballistic analyses of the firearms should not have been confined to the accused, but to all 21 officers.
He also questioned why the National Prosecuting Authority only charged four people because there had been more officers at the scene.
“On the evidence presented by the State in its entirety, there is no credible evidence upon which this court, acting carefully, may convict.
“Fortunately, courts do not base their decisions on public opinions and/or media reports, but on what has been presented before them.”
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