Francesca Villette
IT WAS possible for people to overstep the boundary of self-defence, magistrate Nikki Oakes said as she denied David Forbes bail yesterday for allegedly killing Moegamat Toufiq Joseph, 23, in the parking area of the Engen garage in Orange Street on Saturday.
Forbes, 48, was taken to Pollsmoor Prison shortly after court proceedings. He had been held at the Cape Town Central police station since his arrest on Saturday.
Oakes postponed Forbes’s bail information proceedings on Tuesday after hearing the State and the defence’s arguments. She denied Forbes bail yesterday because of the “degree of violence” displayed at the scene.
According to Forbes’s defence team, he had shot Joseph in self-defence. Forbes earlier showed the court a 4cm cut on his right arm.
“There is no explanation for why this happened or why the accused and the deceased had been arguing in the first place,” said Oakes.
“This is an extremely serious charge. Murder always is. This happened in full view of the public. It is possible for someone to overstep the boundary of self-defence.”
Forbes’s legal representative, Peter Mihalik, told the court the defence would launch an urgent appeal with the Western Cape High Court.
“My client does not deserve any special treatment. We will appeal,” Mihalik said.
The court heard during the bail application that Forbes had allegedly fired four shots from his pistol at Joseph, before asking people at the scene to call the police while he waited.
Investigating officer Benjamin Mphulayana earlier testified that Joseph had a pending murder case against him and was out on bail at the time he was killed.
Oakes said there were no details about Joseph’s murder charge presented to the court and it would not speculate. “The court has no reason to factor that into account. The relationship, if any, between the accused and the deceased has not been established.”
Forbes handed in his passport to the State on Tuesday.
Oakes said she believed Forbes was not a flight risk, and that he was a family man with business responsibilities.
Relating to an incident in 1996 where Forbes had paid an admission of guilt fine for common assault, Oakes said it happened “a long time ago” and it was not factored into her decision. Because he had paid the fine it did not mean Forbes was guilty, she said.
Friends and family of Forbes sat at the back of the Cape Town Magistrate’s Court during proceedings.
Joseph’s mother Shariefa had been at the court earlier, but went home early.