Durban — Due to outstanding evidence, deemed crucial, the State has been forced to provisionally withdraw the case against four men charged with the attempted murder of three police sergeants.
State Prosecutor B S Cele told the court that he and the Senior Public Prosecutor (SPP) had gone through the docket.
“It was decided that we provisionally withdraw the charges as there is crucial evidence in the form of DNA results outstanding,” he said.
The matter had been set down for trial this week having been adjourned from December.
Sbonelo “Madanon” Wiseman Shangase, 32, and Thalente Mkhize, 36, Mcabangeleni Mkhize, 22, and Lunga Floyd Ngcobo, 31, are alleged to have shot at the officers in May 2022.
When the trial was meant to start on Monday, Cele was unavailable, which saw the case being rolled over to Tuesday.
Legal Aid South Africa’s Ashika Ramdularay, representing all four men, had no objection to the State provisionally withdrawing the charges.
Magistrate Sharon Marks warned the men, “Should the State ever get this crucial evidence there will be nothing preventing them from recharging you.”
Of the three officers allegedly shot at by the accused two escaped with no injuries in the shoot-out while one was critically wounded after sustaining a gunshot wound to his chest that punctured his lung seeing him admitted to intensive care.
It is alleged that on the day of the shooting during a patrol operation in Cato Manor, the officers had spotted a suspicious vehicle with no registration plates. When they approached it and asked the occupants to open a window they began firing at police who returned fire.
One of the shooters was also wounded, and their vehicle was later found abandoned in Newlands East.
All four remain in custody with Thalente having been arrested in June 2021, Mcabangeleni being arrested in June 2022 and Shangase and Ngcobo being arrested in July last year.
Shangase and Thalente are alleged to be notorious hitmen in Durban; they have a separate matter in the Durban High Court where they face 28 counts, 15 of which are for murder.
Shangase was arrested in 2022 while trying to flee KwaZulu-Natal, on a bus heading to the Western Cape which was intercepted by police at a roadblock at the Mariannhill Toll Plaza. He was allegedly found in possession of a rifle with 90 rounds of ammunition concealed in his luggage.
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