Durban — The Pinetown Magistrate’s Court has heard how a police sergeant fired a single shot at Qaphela Mdiba and went on to fire multiple shots at him outside Casablanca Lifestyle in Molweni, Hillcrest, on November 25 for allegedly leaning against his car.
Magistrate Wendolynn Robinson granted Sergeant Sibonelo Christopher Shabangu R5 000 bail on Monday.
Shabangu is alleged to have used his service pistol. According to State Prosecutor Nomcebo Xulu, Shabangu fled the area when angry community members stoned his vehicle. Shabangu handed himself over to the Hillcrest police station.
The Independent Police Investigative Directorate’s (Ipid) Phumelele Dlamini in a sworn affidavit read in court, said the community was outraged by the act and went to the police station where they wanted to attack Shabangu in front of the police.
She said spent cartridges were seized and sent to be compared with the officer’s gun. Statements from witnesses implicating Shabangu had also been submitted to the court.
“We are opposed to Shabangu being released on bail because witnesses in the matter were Shabangu’s friends,” Dlamini said.
Xulu, addressing the court ahead of the bail decision, said there was a likelihood that Shabangu would coerce or intimidate witnesses in the matter as they were known to him.
Xulu said the State was also concerned about Shabangu’s safety following the damage caused to his car by angry community members.
In his bid for bail through an affidavit read in court by his defence, Shabangu implored the court to release him on bail as he was the breadwinner at home and supported his two minor children whose mothers were unemployed.
He also provided the court with an alternative address that he would relocate to should he be granted bail.
“I will abide by any conditions set by the court if I’m granted bail, I will be safe if released on bail. At this stage I will not disclose my defence, my intended plea is that of not guilty. I do not know the witnesses. The seriousness and prevalence of such a crime have been explained to me by my attorney. I handed myself over to the police and I did not resist arrest,” Shabangu said.
He explained that the “outraged community members” who stoned his car, were people who had been at the Casablanca Lifestyle and not community members living near his home.
Robinson granted bail on condition that Shabangu relocate to his provided alternative address where he was to remain until the finalisation of the matter.
“You are to sign in twice a week at your nearest police station and you are to have no contact with the State witnesses while the matter is pending,” the magistrate ruled.
The case was adjourned to next year for further investigations.
Daily News