Two of the six men accused of the shooting death of Kaizer Chiefs defender Luke Fleurs in April last year have questioned the admissibility of warning statements police took from them, leading to a trial within a trial.
This week, Judge Cassim Moosa of the Johannesburg High Court – sitting at the Palm Ridge Magistrate’s Court, ruled that it was necessary to allow the process to unfold.
Fleurs was shot dead by two men during a hijacking at the Constantia Shell garage in Florida, on the West Rand on April 3, 2024 where the men, along with their accomplices, escaped in his VW Golf 8 GTI.
The others were in a white BMW.
Six in the dock
Six people were arrested in Slovoville, Soweto, where Fleurs’ luxury vehicle was recovered.
The accused – Ndura Moswane (26), Fernando Nando Sive (25), Nhlakanipho Dlamini (21), Franky Xaba (25), Maredi Mphahlele (36), and Thembinkosi Hlomikhawu (31) – have been charged with robbery with aggravating circumstances, murder, and the unlawful possession of firearms and ammunition.
Sive, a Mozambican national, faces an additional charge of unlawfully entering and remaining in the Republic of South Africa.
He and his co-accused have pleaded not guilty to all the charges.
Testimony under duress
Moswane and Sive were arrested by Captain Abe Sefularo Montwedi after they were found in possession of Fleurs’ car.
Both Xaba and Mphahlele have questioned the credibility of the statements presented by Montwedi in court.
Xaba argued, through his legal representative, that he was unaware Montwedi was taking the statement and had not been read his rights, including the right to remain silent.
Mphahlele, also through his legal counsel, said his statement had not been given voluntarily because Montwedi had threatened him with assault.
Montwedi, the second witness, said both Xaba and Mphahlele answered his questions as he took their statements, suggesting it was voluntary.
They both insist they were not read their rights.
The accused’s legal bills are footed by Legal Aid SA.
Grainy footage
The state’s first witness, Tshilidzi Ramali, a petrol attendant at the Shella garage, had testified that he could not identify the two killers.
Montwedi said that though he watched the video footage of the murder, he could not identify the killers because the footage was unclear. He could also not see their faces.
The case was postponed to September 10.
The suspects were remanded in custody.
