Durban — The case docket of KwaDabeka Constable Lungisani Xaba, charged for the alleged murder of his mother, Greta Xaba, 70, will be sent to the regional court prosecutor to guide the investigation.
The officer is alleged to have assaulted the elderly woman with a wooden plank with nails in it on May 6 in KwaDabeka, outside Pinetown.
The last time Xaba was in the Pinetown Magistrate’s Court, the State had said that DNA and a handwriting expert’s report were still outstanding.
Details around the evidence requiring a handwriting expert were not divulged in court at that time.
“DNA relating to the exhibit used to inflict injuries on the deceased has been filed, and the handwriting expert analysis report has also been filed,” the State said on Tuesday in court.
“I am going to refer the docket to the regional court prosecutor to guide the investigation,” the prosecutor said.
It was also indicated that other aspects in relation to the investigation, such as the photo album, post-mortem and witness statements had also been filed.
Xaba was arrested on May 7 in KwaDabeka for assault with intent to cause grievous bodily harm. However, the charge was changed to murder on May 8 after Xaba’s mother died.
He remains behind bars after having been refused bail by magistrate Wendalynn Robinson in July.
One of the reasons she cited in refusing Xaba bail was that the investigating officer had told the court that Xaba was familiar with some of the State witnesses as well as the testimony they were expected to give. However, in his affidavit, Xaba was adamant that he did not know the witnesses.
Prior to his arrest, Xaba had been working at the police station he was attached to since 2010.
At the time when he applied to be released on bail, he had detailed to the court that he had four children of which three were minor – 14-year-old twins in high school and a 5-year-old attending primary school.
Prior to his arrest, the officer lived in KwaDabeka with his mother and cousin, and his children lived with their mothers.
At the time of his bail application, the court heard how on the day of the assault on Xaba’s mother a witness in the matter went to the KwaDabeka police station to report that the elderly woman was being assaulted.
It is further alleged that when police arrived they found Xaba and his mother inside the house and she had serious injuries.
Daily News