The first day of judgment against three men accused of the murder of reggae musician Lucky Dube saw an unusually packed court room at the high court in Johannesburg on Friday.
Some members of the public had to stand in the doorway while some sat along the stairway, listening as Judge Seun Moshidi continued with his judgment, rehashing evidence heard by the court since the beginning of the trial more than a month ago.
"I must hasten to mention that accused number two (Julius Gxowa) was not an impressive witness though he looked comfortable in the witness stand," said Moshidi.
Gxowa, who at the beginning of the trial requested a Portuguese interpreter, spoke very softly throughout his testimony in court and contradicted previous statements made to his defence counsel.
Moshidi criticised Gxowa saying he had on occasion obeyed and made requests in English although he had told the court that he did not understand English.
"He had a South African identity (book) and even voted in the general elections in 1994 and later testified in court that he did understand Zulu."
Moshidi said Gxowa's testimony was "vague and speculative" on events surrounding an identity parade where he and the other two accused were pointed out by a man, Siphiwe Mlaba, they had allegedly hijacked.
There were "discrepancies" in his evidence, he said.
The court had granted an application for a trial within a trial in order to determine the admissibility of an identity parade held on 29 October 2007, eight days after the three were arrested.
The application was based on the grounds that Mlaba could have seen them in court, and that they had no legal representation. The court later ruled that evidence from the ID parade was admissible.
Gxowa also told the court that Mlaba had been coached on who to point out in the parade and that there were photographers present on their first appearance in October 2007.
However, later Gxowa changed his earlier version saying he did not see photographers or anyone taking photos. He also admitted to not seeing Mlaba in court.
Judge Moshidi said that among other reasons for the court ruling in favour of the state in the matter was because the trio were speculating on the parade. This had no merit.
He said testimony given by two police officers in the trial-within-a-trial corroborated Mlaba's.
"The court also noticed that the accused's versions of events constantly changed as the trial proceeded," he said.
The trial has been dragging for over a month and Moshidi said he hoped the judgment would be concluded on Monday.
The judge said judgment had to be reconstructed on Thursday after a document stored on computer vanished.
Sifiso Mhlanga, Gxowa and Mbuti Mabe are facing a total of six charges.
These included Dube's murder, two counts of robbery with aggravated circumstances, unlawful possession of firearms and ammunition.
All three men have pleaded not guilty.
It emerged during the trial that they had alibis. However, Sifiso Mhlanga's girlfriend denied being with her boyfriend at the time of Dube's murder as he had claimed to the court.
Sitting just two benches behind the three accused was Dube's wife Zanele, his daughter Bongi who has also recently launched her singing career and his son Thokozani.
Both his children were present when he was shot twice in his pelvis and abdomen outside his brother's house in Rosettenvile, allegedly by Mhlanga while Gxowa held his hands.
Other relatives were also present listening attentively as Moshidi continued his judgment. Earlier, Zanele was seen crying and being comforted by her sister.
The judgment will continue on Monday.
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