S v Williams (CC 22/2019) [2020] ZAECPEHC 18 (15 June 2020)

S v Williams (CC 22/2019) [2020] ZAECPEHC 18 (15 June 2020)

The court found that the State's witnesses, particularly Benito Bosch and Veronique Jacobs, were credible and reliable in their identification of the accused as the perpetrator at both crime scenes. Their evidence was corroborated by ballistic and forensic analysis, which established that the same firearm was used in both incidents. The accused's alibi was rejected as not reasonably possibly true, given his failure to call supporting witnesses and contradictions in his own testimony regarding his whereabouts and employment. The accused's association with the Nice Time Bozzas gang was established through direct testimony and documentary evidence. The court concluded that the accused acted...

Citation
[2020] ZAECPEHC 18
Parties
Applicant: The State; Respondent: Walter Williams
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 June 2020
Case Number
CC 22/2019
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused, Walter Williams, is found guilty on counts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
Judges
Moodliar
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Gang Related Offences, Alibi Defence
Criminal Law Murder Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Gang Related Offences Alibi Defence

Case Brief

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Parties

The State

Applicant

Walter Williams

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused was the perpetrator of the shootings at Anita Drive and Kobus Road on 9 and 10 December 2018.
  2. 2 Whether the accused was unlawfully in possession of a firearm and ammunition during the commission of the offences.
  3. 3 Whether the accused's alibi defence is reasonably possibly true.

Ratio Decidendi

The court found that the State's witnesses, particularly Benito Bosch and Veronique Jacobs, were credible and reliable in their identification of the accused as the perpetrator at both crime scenes. Their evidence was corroborated by ballistic and forensic analysis, which established that the same firearm was used in both incidents. The accused's alibi was rejected as not reasonably possibly true, given his failure to call supporting witnesses and contradictions in his own testimony regarding his whereabouts and employment. The accused's association with the Nice Time Bozzas gang was established through direct testimony and documentary evidence. The court concluded that the accused acted...

Court Disposition

The accused, Walter Williams, is found guilty on counts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.

Orders

  • The accused is convicted on all charges: attempted murder, unlawful possession of a firearm, unlawful possession of ammunition, and murder.