S v Kammies and Others (1727/2019) [2019] ZAECPEHC 85 (9 December 2019)

S v Kammies and Others (1727/2019) [2019] ZAECPEHC 85 (9 December 2019)

The court found the evidence of Luciano Kiddo to be credible and reliable, placing accused 1 and 6 at the scene of the offences at Gideon Street and establishing their involvement in kidnapping and murder. The alibi defences of accused 1 and 6 were rejected as not reasonably possibly true, as their whereabouts during the relevant period were not satisfactorily accounted for. The evidence against accused 2 and 3 in relation to the Lawler Street offences was found to be unsatisfactory, with the failure to call corroborating witnesses and inherent improbabilities in the testimony of Franklin Matthys leading to reasonable doubt. The state failed to prove the charges against accused 2 and 3...

Citation
[2019] ZAECPEHC 85
Parties
Applicant: The State; Defendant: Damian Kammies; Defendant: Deilon Makkopa; Defendant: Kurt Bosman; Defendant: Warren Steyn
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
9 December 2019
Case Number
1727/2019
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Accused 1, Damian Kammies, is found guilty on counts 1, 2, 3, and 5 and acquitted on counts 4, 6, 7, 8, 9, and 10. Accused 2, Deilon Makkopa, and accused 3, Kurt Bosman, are acquitted on counts 6, 7, 8, 9, and 10. Accused 6, Warren Steyn, is found guilty on counts 1, 2, and 5 and acquitted on counts 3 and 4.
Judges
Goosen
Legal Topics
Murder, Kidnapping, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Alibi Defence, Single Witness Evidence
Criminal Law Murder Kidnapping Unlawful Possession of Firearm Unlawful Possession of Ammunition Alibi Defence Single Witness Evidence

Case Brief

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Parties

The State

Applicant

Damian Kammies

Defendant

Deilon Makkopa

Defendant

Kurt Bosman

Defendant

Warren Steyn

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused were present and participated in the offences at Gideon Street and Lawler Street on 19 November 2016.
  2. 2 Whether the state proved beyond reasonable doubt the charges of murder, kidnapping, and unlawful possession of firearm and ammunition against the accused.
  3. 3 Whether the alibi defences raised by the accused create reasonable doubt as to their guilt.

Ratio Decidendi

The court found the evidence of Luciano Kiddo to be credible and reliable, placing accused 1 and 6 at the scene of the offences at Gideon Street and establishing their involvement in kidnapping and murder. The alibi defences of accused 1 and 6 were rejected as not reasonably possibly true, as their whereabouts during the relevant period were not satisfactorily accounted for. The evidence against accused 2 and 3 in relation to the Lawler Street offences was found to be unsatisfactory, with the failure to call corroborating witnesses and inherent improbabilities in the testimony of Franklin Matthys leading to reasonable doubt. The state failed to prove the charges against accused 2 and 3...

Court Disposition

Accused 1, Damian Kammies, is found guilty on counts 1, 2, 3, and 5 and acquitted on counts 4, 6, 7, 8, 9, and 10. Accused 2, Deilon Makkopa, and accused 3, Kurt Bosman, are acquitted on counts 6, 7, 8, 9, and 10. Accused 6, Warren Steyn, is found guilty on counts 1, 2, and 5 and acquitted on counts 3 and 4.

Orders

  • Accused 1, Damian Kammies, is found guilty on counts 1, 2, 3, and 5.
  • Accused 1 is acquitted and discharged on counts 4, 6, 7, 8, 9, and 10.