S v Ismail and Others (SS88/2002) [2004] ZAWCHC 39 (6 December 2004)

S v Ismail and Others (SS88/2002) [2004] ZAWCHC 39 (6 December 2004)

The court found that Shaheem Ismail and Abdullah Brenner conspired to murder Regional Magistrate Wilma van der Merwe, based on corroborated evidence from Kerridge, Van Dyk, and authenticated tape recordings of their conversations. The evidence demonstrated that Ismail was the initiator and driving force behind the plan, instructing Kerridge to organise the acquisition of a firearm and recruit an assassin. The covert police operation and monitoring were lawfully authorised and proportionate to the seriousness of the offence. The defence's claim of a conspiracy against Ismail by state officials was unsupported by credible evidence, and the allegations of tampering with the recordings were...

Citation
[2004] ZAWCHC 39
Parties
Applicant: The State; Defendant: Shaheem Ismail; Defendant: Faried Davids; Defendant: Alivia Davids; Defendant: Roy Vlotman; Defendant: Ikram Norton; Defendant: Ashraf Lee; Defendant: Abdullah Brenner
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 December 2004
Case Number
SS88/2002
Procedural Posture
Criminal Trial / Final Judgment After Full Trial
Outcome
Shaheem Ismail and Abdullah Brenner found guilty of conspiracy to commit murder; other accused acquitted on conspiracy charges; Ashraf Lee found guilty of unlawful possession of firearm and ammunition.
Judges
HJ Erasmus
Legal Topics
Conspiracy to Commit Murder, Incitement, Illegal Possession of Firearms, Illegal Possession of Ammunition, Admissibility of Evidence, Covert Police Operations
Criminal Law Conspiracy to Commit Murder Incitement Illegal Possession of Firearms Illegal Possession of Ammunition Admissibility of Evidence Covert Police Operations

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Parties

The State

Applicant

Shaheem Ismail

Defendant

Faried Davids

Defendant

Alivia Davids

Defendant

Roy Vlotman

Defendant

Ikram Norton

Defendant

Ashraf Lee

Defendant

Abdullah Brenner

Defendant

Procedural Posture

Criminal Trial / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused conspired to murder Regional Magistrate Wilma van der Merwe.
  2. 2 Whether the accused unlawfully possessed a firearm and ammunition.
  3. 3 Whether the evidence obtained through covert operations and tape recordings was admissible.

Ratio Decidendi

The court found that Shaheem Ismail and Abdullah Brenner conspired to murder Regional Magistrate Wilma van der Merwe, based on corroborated evidence from Kerridge, Van Dyk, and authenticated tape recordings of their conversations. The evidence demonstrated that Ismail was the initiator and driving force behind the plan, instructing Kerridge to organise the acquisition of a firearm and recruit an assassin. The covert police operation and monitoring were lawfully authorised and proportionate to the seriousness of the offence. The defence's claim of a conspiracy against Ismail by state officials was unsupported by credible evidence, and the allegations of tampering with the recordings were...

Court Disposition

Shaheem Ismail and Abdullah Brenner found guilty of conspiracy to commit murder; other accused acquitted on conspiracy charges; Ashraf Lee found guilty of unlawful possession of firearm and ammunition.

Orders

  • Accused one (Shaheem Ismail): Guilty on count 1 (conspiracy to commit murder); not guilty on counts 2 and 3 (possession of firearm and ammunition).
  • Accused seven (Abdullah Brenner): Guilty on count 1 (conspiracy to commit murder); guilty on counts 2 and 3 (possession of firearm and ammunition).