ALL that Idris Ally wanted for his son, Altaf, was for justice to be done.
However, on Wednesday he watched in disappointment as the two men accused of shooting Altaf, 13, during an armed robbery and botched hijacking, leaving him paralysed, were acquitted in the Durban Regional Court.
Altaf, of Chatsworth, was shot in the head by a gang of fleeing robbers after they had failed to hijack police officer Ashraf Mohamed in January last year.
Mohamed had been standing outside the home of his friend Shaun Naidoo at the time. The gang robbed Mohamed of R10 000 in cash and fired at Naidoo, his brother Darryl and mother Cathy.
Thabiso Hadebe and Malusi Zulu were later arrested and charged with two counts of robbery with aggravating circumstances, six counts of attempted murder, pointing a firearm and for discharging a firearm in a built-up area in connection with the incident.
Zulu was also charged with illegal possession of a firearm and ammunition. The third accused, Sanele Mkhize, died in prison earlier this year.
Handing down judgment, magistrate Siphiwe Hlophe said there were serious discrepancies in the State’s case which affected the credibility of its witnesses.
Hlophe said some of the contradictions included Darryl Naidoo testifying that he had seen only two people in his yard, but identifying three people during an identity parade.
He also said that the investigating officer, Constable Njabulo Khuzwayo, had only held an identity parade with two witnesses, instead of all the witnesses together, prior to the case being set down for trial.
“Nine months after the incident, the statements of Altaf Ally and his brother Azmuth were taken. Eleven months after the incident, a second identity parade was held for other witnesses in the case to try to salvage the State’s case. This parade was held despite the accused having appeared in court several times in both Durban and Chatsworth. The investigating officer failed in his duties,” said Hlophe, acquitting Hadebe and Zulu.
Shocked
Speaking outside court, Ally, who attended every day of the trial, said he was shocked and disheartened by Hlophe’s ruling.
“Justice has not been served; my son’s life has been changed forever. As a family we have had to make several lifestyle changes and it’s tough. I do not know how they (his family) will take it, when I tell them.”
He added that the police had bungled the investigation.
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Ally added that he had discussed the possibility of the State appealing against the judgment.
“I give credit to the prosecutor (Sandile Xaba); he worked hard on this case. He has promised that he will discuss an appeal with his superiors and hopefully it will go ahead.” - The Mercury, page 4.