Dumi Masilela’s alleged shooter 'refuses' to be charged

Detective Mthokozisi Ngwenya shocked the Benoni Magistrate’s Court on Friday when he claimed that slain actor Dumi Masilela’s alleged shooter 'refuses' to be charged.

“Last time I went to Modderbee [Correctional Services]‚ the suspect refused to be charged‚ saying that he needed to consult with his lawyer‚” Ngwenya told the court.

When asked by Magistrate Elmari Schutte how the suspect had refused to be charged, prosecutor Lumka Phoso said that “he refused to have his fingerprints taken.” 

“You are a big guy. Take a few big guys and sit on his head if you have to. Just don’t hurt him. Don’t make him bleed. Bring your strong-armed men. Get his fingerprints‚” said Schutte‚ eliciting laughter from the court gallery.

"The police should explain to him that they will need to use reasonable force if necessary if he gets hurt‚ whose fault would it be? Just get on with it and be ready on the 21st‚” she added.

During Wednesday’s proceedings‚ Ngwenya told the court that the same suspect refused to stand at an identity parade‚ which as a result was not conducted.

He is one of three men who have since been linked to Masilela’s killing.

Masilela was shot in Tembisa last month as he tried to flee from a gang of armed men. He later died in hospital.

One of the suspects‚ Mfundo Nkosi handed himself over to police after his accomplice‚ Bongani Masombuka‚ was arrested for a separate crime.

Nkosi then confessed that he was present when Masilela was shot but alleged that the third suspect‚ who police said had refused to be charged‚ was the triggerman.

The alleged shooter is currently in police custody after being arrested for being in possession of an unlicensed firearm. Ballistic tests are yet to be conducted to see if the gun matched the one that fired the fatal shot.

On Friday‚ the court heard that Nkosi and Masombuka had since been linked to the crime scene. Nkosi was linked through fingerprints found in a black Jeep that was alleged to have been driven by the hijackers. Another pair of prints were found in the vehicle.

The vehicle was found dumped in Tembisa a day after Masilela’s murder. Masombuka has been placed at the crime scene through his cellphone records.

Although evidence against the trio has started to pile‚ they are yet to be charged for any crime relating to Masilela’s attempted hijacking and killing.

Masombuka and Nkosi currently face charges of robbery with aggravated circumstances in connection with the black Jeep they allegedly drove as they tried to hijack Masilela.