Alleged robbers claim they were kidnapped

Published Aug 11, 2004

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By Candes Keating

Two women accused of being part of a gang that robbed an Observatory restaurant and killed a diner have claimed that they were kidnapped and forced to take part in the incident.

This emerged on Tuesday during the bail application hearing of Zolani Magida, 36, Phumla Qunta, 29, Xoliswa Mavalalisa, 33, Lindile Balisile Nqwala, 24 and Lungiso Sijatu, 27 in the Cape Town magistrate's court. They face charges of murder, attempted murder, unlawful possession of weapons and ammunition.

The five are accused of robbing the Wild Fig Restaurant on June 29 and killing Cape Town businessman John Boardman, 63.

Investigating officer Clive Ontong testified that the female suspects, Qunta and Mavalalisa, said in statements to police that they had been kidnapped by a group of black men in Woodstock on June 29 and were then forced to take part in the robbery.

They were told to sit down, order a meal and escape with the other suspects in the getaway car.

Ontong told the court the women could not identify the men who kidnapped them and did not implicate the three male suspects as being the kidnappers.

Ontong testified that the group posed as diners before they robbed the clients of their wallets and the restaurant of R7 000. "They made as if they were normal guests. After they completed the meal they began robbing the clients," said Ontong.

He told the court that one of the male suspects, Magida, had prior convictions as well as other pending cases. One case involves a robbery that took place in Grabouw and the other an attempted murder case in Khayelitsha.

However, according to Magida's advocate Christoph Bisschoff, the attempted murder case was to be dropped. Ontong disagreed and told the court that as far as he knew the "cases were still pending".

Ontong also said during the investigation police found that Magida used several aliases.

He said that according to Magida's aunt, the accused's real name was Mandla Nyakatya.

Magida's aunt also admitted to police that on the evening the robbery took place the accused borrowed her Opel Monza, which was allegedly used as the getaway car.

State prosecutor Marcello Stevens said the state was "concerned" that the suspects would escape if they were granted bail.

Ontong agreed and said: "The fact that they may face long sentences if found guilty is a reason for them to flee. It's difficult to try and find someone if they don't want to be found."

Ontong also added: "In my opinion the State has a very strong case." He said this was based on the extensive evidence it had.

Magistrate Aziz Hamied postponed the matter to September 1.

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