Mthokozisi Ngwenya, the investigator in charge,stunned the Magistrate’s Court on Friday when he claimed that Dumi Masilela’s asserted shooter “can’t” to be charged.
At the point when asked by Magistrate Elmari Schutte how the suspect had declined to be charged, prosecutor Lumka Phoso said that “he declined to have his fingerprints taken.”
He is one of three men who have since been connected to Masilela’s shooting.
Masilela was shot in Tembisa last month as he tried to flee from a gang of armed men. He later died in hospital.
One of the suspects‚ Mfundo Nkosi handed himself over to police after his accomplice‚ Bongani Masombuka‚ was arrested for a separate crime.
Nkosi then confessed that he was present when Masilela was shot but alleged that the third suspect‚ who police said had refused to be charged‚ was the trigger man.
The alleged shooter is currently in police custody after being arrested for being in possession of an unlicensed firearm. Ballistic tests are yet to be conducted to see if the gun matched the one that fired the fatal shot.
On Friday‚ the court heard that Nkosi and Masombuka had since been linked to the crime scene. Nkosi was linked through fingerprints found in a black Jeep that was alleged to have been driven by the hijackers. Another pair of prints were found in the vehicle.
The vehicle was found dumped in Tembisa a day after Masilela’s murder. Masombuka has been placed at the crime scene through his cellphone records.
Although evidence against the trio has started to pile‚ they are yet to be charged for any crime relating to Masilela’s attempted hijacking and killing.