S v Peters and Another (SS17/2013) [2013] ZAWCHC 218 (4 November 2013)

S v Peters and Another (SS17/2013) [2013] ZAWCHC 218 (4 November 2013)

The court found that accused 2, a member of the Mongrels gang, fired at least two shots from behind a white bakkie at a group of people in Melody Square, resulting in the death of Junaid McKenzie and the serious injury of Letecia Jacobs. The evidence, including eyewitness testimony, forensic findings, and accused 2's own extracurial statement and pointing out, established his guilt beyond reasonable doubt on counts of murder, attempted murder, unlawful possession of a firearm, and unlawful possession of ammunition. The alibi defence of accused 2 was rejected as a latter day fabrication, unsupported by credible evidence. Accused 1, although present at the scene and in possession of the...

Citation
[2013] ZAWCHC 218
Parties
Applicant: The State; Defendant: Gary Peters; Defendant: Moegamat Shafiek Minnies
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
4 November 2013
Case Number
SS17/2013
Procedural Posture
Criminal Trial / Verdict and Orders
Outcome
Accused 1 is acquitted on counts one, two, three, four, and six, and convicted on count five (unlawful possession of a firearm). Accused 2 is acquitted on counts one and two, and convicted on counts three (murder), four (attempted murder), five (unlawful possession of a firearm), and six (unlawful possession of...
Judges
Binns-Ward
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Criminal Gang Activity, Prevention of Organised Crime Act
Criminal Law Murder Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Criminal Gang Activity Prevention of Organised Crime Act

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Parties

The State

Applicant

Gary Peters

Defendant

Moegamat Shafiek Minnies

Defendant

Procedural Posture

Criminal Trial / Verdict and Orders

Legal Issues

  1. 1 Whether accused 2 committed murder and attempted murder at Melody Square on 27 June 2012.
  2. 2 Whether accused 1 participated in the murder, attempted murder, or possessed the firearm and ammunition unlawfully.
  3. 3 Whether either accused contravened sections 9(1)(a) and 9(2)(a) of the Prevention of Organised Crime Act 121 of 1998 (POCA) by participating in criminal gang activity.

Ratio Decidendi

The court found that accused 2, a member of the Mongrels gang, fired at least two shots from behind a white bakkie at a group of people in Melody Square, resulting in the death of Junaid McKenzie and the serious injury of Letecia Jacobs. The evidence, including eyewitness testimony, forensic findings, and accused 2's own extracurial statement and pointing out, established his guilt beyond reasonable doubt on counts of murder, attempted murder, unlawful possession of a firearm, and unlawful possession of ammunition. The alibi defence of accused 2 was rejected as a latter day fabrication, unsupported by credible evidence. Accused 1, although present at the scene and in possession of the...

Court Disposition

Accused 1 is acquitted on counts one, two, three, four, and six, and convicted on count five (unlawful possession of a firearm). Accused 2 is acquitted on counts one and two, and convicted on counts three (murder), four (attempted murder), five (unlawful possession of a firearm), and six (unlawful possession of...

Orders

  • Accused 1 is acquitted and discharged on counts one, two, three, four, and six.
  • Accused 1 is convicted on count five: unlawful possession of a firearm without a licence.