Cape Town - The businessman arrested for allegedly shooting to death a 23-year-old Woodstock man at a filling station in Orange Street in the city will remain in custody at Pollsmoor - having been denied bail in the Cape Town Magistrate’s Court.
The lawyers representing David Forbes, 48, from Hout Bay, are set to appeal his bail judgment handed down by Magistrate Nikki Oakes on Wednesday.
Up until Wednesday afternoon, Forbes had been held in the holding cells at Cape Town Central police station, since his arrest following the shooting of Moegamat Toufiq Joseph on Saturday at about 3pm.
Joseph was shot in a black Golf GTi in the parking area of the garage.
During his bail application this week, it emerged in witness statements that Forbes gave instructions to “call the police” and stayed at the scene while he waited for the authorities to arrive.
A testimony by the investigating officer alleged that four knives had been found in Joseph’s car - one of which had blood on it.
It’s Forbes’s defence that he acted in self-defence. The State was not opposed to bail.
It also emerged that at the time of the shooting Joseph had been involved in a murder case in the Cape Town Regional Court - although he was charged with housebreaking with intent to steal and theft.
Joseph was expected to appear in the regional court on Wednesday alongside two others - but the matter was postponed to obtain Joseph’s death certificate.
In her judgment regarding bail, Oakes said the court would not place too much weight on Joseph’s pending matter because the merits of that case were not known.
The magistrate said Forbes’s “self defence” statement “has to be tested in a trial”.
“In this case - on the face of it - it appears to be a strong case because it was in broad daylight in proximity for everyone to see,” she said.
In reaching a decision, Oakes considered the “degree of violence”, the fact that the crime took place during the day, the fact that the court did not know why they argued and that, “on the face of it, it appears there had been no motive”.
“There was absolutely no explanation as to why it was necessary to shoot the deceased,” she said.
Oakes found that it was “not in the interest of justice to release the accused on bail and therefore bail is denied”.
Advocate Pete Mihalik, for Forbes, told the court he would be appealing the judgment.
Forbes is due back in court next Thursday.
Cape Argus