Judge dismisses discharge application by road rage shooter

19 November 2015 - 11:43 By S'duduzo Dludla

The defence lawyer of a man accused of shooting and killing a biker in a road rage incident has attacked the credibility of state witnesses and called for his client to be discharged. This was after the state closed its case on Wednesday at the high court in Johannesburg‚ sitting at the Randburg Magistrate's Court.The court was hearing the matter of Meekahaefele Masooa‚ a lawyer from Centurion‚ who is accused of shooting and killing a biker Douglas Pearce‚ 39.Masooa has claimed that he acted in self-defence after Pearce cursed him with a hand gesture and threatened him with a gun.Masooa's lawyer Sabelo Dingiswayo applied for a discharge of his client in accordance with section 174 of the Criminal Procedure Act‚ saying the state witnesses were unreliable and contradicted the evidence before the court.Judge Brian Spilg said the test was whether the evidence before the court could compel a reasonable person to convict the accused.One of the witnesses the state had called earlier is Major Chris Mangena‚ a forensic expert who did a reconstruction of the crime scene on Malibongwe Drive‚ where Douglas Pearce was shot dead.Mangena said he received Pearce’s jacket among other items‚ which had two bullet holes. Pearce sustained two gunshot wounds‚ one in the upper left arm‚ and another one on the lower back‚ which according to Mangena was “characteristic of a close contact”.Mangena had said it was possible that Pearce shot himself in the back.Spilg refuted this‚ saying the court had ruled out the possibility of Pearce's lower back wound having been self-inflicted.“The only other person on the scene with a gun is the accused”‚ Spilg said.Earlier‚ a witness had testified that Masooa had grabbed Pearce by the collar and shot him in the back.State advocate Arveena Persad said this was consistent with the testimony of Mangena and the wound being “characteristic of close contact”.Dingiswayo also took aim at the testimony of two doctors‚ who gave evidence earlier‚ saying it was faulty and should not be considered by the court.“Those two doctors‚ I don't even know if they are real doctors‚ made a joke of this court. They placed incorrect information on the J88 and the evidence that they gave is inconsistent‚” said Dingiswayo.Spilg dismissed the application of a discharge‚ saying Masooa had a case to answer.The trial continues. - TMG Digital/TMG Courts and Law..

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