Mohammed Ebrahim, the man accused of killing Sydenham schoolboy Miguel Louw, has applied for a dismissal of charges after the state closed its case on Wednesday.
Ebrahim’s lawyer, advocate Jay Naidoo, informed the Durban high court of their intentions to petition section 174 of the Criminal Procedure Act. If the application is granted, the charges against Ebrahim will be dismissed. The act states that charges may be dismissed if, among other reasons, the prosecutor has not offered material evidence at the trial.
Miguel's decomposing body was discovered in a bushy area in Phoenix in September last year. The discovery was made less than 100m from Ebrahim’s family home.
Video footage from a motor spares shop near Miguel’s home showed him walking with Ebrahim on the day he went missing in July last year.
Earlier in the day, the investigating officer in the case, Warrant Officer Rajan Govender, took to the stand. Naidoo asked Govender if he had interviewed any other children from Miguel’s school after he went missing
“I visited the school intending to interview the other children that were mentioned (by the boy who testified). The principal thereafter contacted the parents of the children. The principal was told that the children would not be making any statements regarding this case,” said Govender.
The application is set to be argued on Thursday.
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