A youth accused of killing popular Catholic nun Sister Mary Paul Tacke is suing the state following his acquittal in the Mthatha High Court.
In a shock twist Masixole Ndlebe, 22, in jail for almost two years awaiting trial for the murder of Sister Mary Tacke, 82, in June 2014, was freed after the court found no evidence linking him to the crime.
Ndlebe, with Asiphe Ndikinda, 24, faced charges of murder, kidnapping, robbery with aggravating circumstances and unlawful possession of a firearm.
“We have submitted a notice to sue the Minister of Police for unlawful arrest, wrongful detention and malicious prosecution,” defence attorney Fumanekile Noxaka, said yesterday.
Ndlebe was arrested in Ngcwanguba village in Mqanduli while Ndikinda was handed over by his grandfather after police came looking for him at his home in Sibangweni, Mthatha. Ndikinda’s phone was allegedly found in the nun’s car, which police chased. It overturned and the suspect fled.
Noxaka represents both Ndlebe and Ndikinda, who is still in custody. He is due in court on Tuesday.
On Wednesday, Noxaka made an application for Ndlebe’s discharge, saying the state did not have a prima facie case against him. “The state presented no direct evidence linking him to the case. No witness implicated him. According to a statement by , an unknown Masixole was implicated,” said Noxaka.
He said the state failed to present the surname of the said Masixole and could not provide proof of his address and physical identification.
Pressed by Judge Lusindiso Pakade, state prosecuting advocate Luyanda Mphephanduku admitted there was no evidence implicating Ndlebe. But he opposed the acquittal in case during cross-examination Ndikinda presented evidence implicating Ndlebe.
Pakade, however, told him that during Ndikinda’s reported confession at Madeira police station in 2014, he said “I was with Masixole whilst committing the crime” and that statement alone did not present enough evidence to implicate Ndlebe.
The judge discharged Ndlebe on the basis of the state closing its case and admitting to having submitted no evidence implicating him in the crimes. — lulamilef@dispatch.co.za
Young man accused of killing nun to sue state after being acquitted by court
In a shock twist Masixole Ndlebe, 22, in jail for almost two years awaiting trial for the murder of Sister Mary Tacke, 82, in June 2014, was freed after the court found no evidence linking him to the crime.
Ndlebe, with Asiphe Ndikinda, 24, faced charges of murder, kidnapping, robbery with aggravating circumstances and unlawful possession of a firearm.
“We have submitted a notice to sue the Minister of Police for unlawful arrest, wrongful detention and malicious prosecution,” defence attorney Fumanekile Noxaka, said yesterday.
Ndlebe was arrested in Ngcwanguba village in Mqanduli while Ndikinda was handed over by his grandfather after police came looking for him at his home in Sibangweni, Mthatha. Ndikinda’s phone was allegedly found in the nun’s car, which police chased. It overturned and the suspect fled.
Noxaka represents both Ndlebe and Ndikinda, who is still in custody. He is due in court on Tuesday.
On Wednesday, Noxaka made an application for Ndlebe’s discharge, saying the state did not have a prima facie case against him. “The state presented no direct evidence linking him to the case. No witness implicated him. According to a statement by , an unknown Masixole was implicated,” said Noxaka.
He said the state failed to present the surname of the said Masixole and could not provide proof of his address and physical identification.
Pressed by Judge Lusindiso Pakade, state prosecuting advocate Luyanda Mphephanduku admitted there was no evidence implicating Ndlebe. But he opposed the acquittal in case during cross-examination Ndikinda presented evidence implicating Ndlebe.
Pakade, however, told him that during Ndikinda’s reported confession at Madeira police station in 2014, he said “I was with Masixole whilst committing the crime” and that statement alone did not present enough evidence to implicate Ndlebe.
The judge discharged Ndlebe on the basis of the state closing its case and admitting to having submitted no evidence implicating him in the crimes. — lulamilef@dispatch.co.za
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