The suspect in connection with the brutal murder of National Prosecuting Authority (NPA) prosecutor, Tracy Brown (47), made an application to compel the court to provide him with the information in the docket linking him to the commission of the crime. The application was denied by the presiding magistrate, Thabisa Mpimpilashe.
After today’s court proceedings, Brown’s mother, Charmaine Terblanche, who was present at court told PE Express that said she was glad that the application was denied.
The suspect, Simthembele Xungu, along with his co-accused, Ayabulela Busakwe, who is also in custody for the kidnapping of Kariega’s Theresa Minnie (73), appeared today at the Gqeberha Magistrate’s Court, both facing charges of conspiracy to commit murder, murder, and possession of an unlawful firearm and ammunition in this matter.
Simthembele Xungu’s defence attorney, Sibongiseni Zimema, argued in the previous appearance that the defence is entitled to receive the information in the docket linking Xungu to the commission of Brown’s murder.
Zimema provided the court with an affidavit from Xungu supporting this request, as they may apply for bail at any time. Zimema also stated that as Xungu is facing a Schedule 6 crime under the Criminal Procedure Act, the defence needs all the information linking Xungu to the crime to prepare for a possible bail application. The State opposed this application.
The State provided an affidavit from the Hawks’ investigating officer, Shane Bosch, which gave a detailed account of events that allegedly linked Xungu to the commission of the murder.
Bosch stated in his affidavit that Brown was shot outside her home on her way back from work. She was in her car when two masked men got out of a VW Polo that had allegedly followed her from work and fired approximately 10 shots at her face, neck, and abdomen. The VW Polo allegedly had distinctive marks on it, making it easier to track.
Bosch also added that the two accused allegedly had 146 communications between them from 15 July to 6 August, and 10 communications on the day of the murder. Xungu’s cellphone allegedly pinged at a tower in Algoa Park, close to Brown’s Young Park home, on 30 August, and video footage showed the VW Polo monitoring the home. Xungu’s cellphone pinged again on 31 August at a tower covering the New Brighton Magistrate’s Court around the time Brown was heading home from work.
Xungu admitted in court that he was not the shooter but the driver of the vehicle. The vehicle sped off recklessly shortly after the shots were fired and was almost involved in an accident with another VW Polo. The driver of the other VW Polo identified Xungu as the passenger of the vehicle, contradicting his statement in court that he was the driver.
Bosch’s affidavit stated that providing the docket would not be in the interests of justice as the investigation is at a critical stage and the other suspects; the driver and an alleged St. Albans Correctional Centre inmate, have not yet been identified. “Sharing the docket information will only hinder the investigation and put the docket at risk of being tampered with,” his affidavit read. He also added that providing the docket would put the witnesses at risk, as gun-wielding individuals had already attempted to intimidate them.
Mpimpilashe stated in court that Bosch’s affidavit gave the defence more than enough information on how the crime happened and provided a detailed list of events leading to the crime. She stated that the information provided would enable Xungu’s attorney to sufficiently prepare to represent his client and outlined what the State has against him. She dismissed the application to allow the defence access to the docket, particularly the parts linking Xungu to the commission of the crime.
The two suspects remained in custody and have elected to abandon their bail application for now. The case is remanded until 30 October for further investigation.
