Cape Town - An application by three alleged hitmen to have their trials heard separately was dismissed by the Western Cape High Court.
Sadiq Williams, Moegamat Alie Smart and Shaline Naidoo are among 14 alleged members of the JCY (Junior Cisco Yakkies) facing a total of 101 charges.
The trio were indicted together with the other accused persons not before the court for this application, as members of the gang which brought mayhem to the Cape Flats.
Willams is charged with attempted murder using an unlicensed gun. The state alleges these crimes occurred on August 28, 2018, in Lentegeur, Mitchells Plain.
Williams and Smart are jointly charged with shooting and killing Tasriq Attwood on September 20, 2018, in Mitchells Plain.
Naidoo is charged with the killing of Erwin Human, possession of an unlicensed firearm and ammunition, on October 4, 2016 in Mitchells Plain.
He is also charged with the killing of Wazeem Abrahams on November 2, 2016 and the attempted killing of Manuel Hamilton.
Williams, Smart and Naidoo want their cases separated and argue that there is no reason for the applicants and the accused to be charged jointly with all the other accused as it would render their trials unfair.
The state submits that the applicants are attempting to ignore the Prevention of Organised Crime Act charges and the gang-related contents of the other charges.
It argues that it was made clear in the indictment and summary of facts that the applicants are members of a criminal gang, and that the offences committed by each individual accused are connected with the activities of the gang.
Dismissing the application Judge Robert Henney said: “The mere fact that an accused may be prejudiced, is not sufficient grounds to order a separation of trials, where it would be in the interests of justice in a case like this to have a joint trial.
“Especially in a case like this, where an accused would stand trial with members of the same gang he or she belongs to, and where they committed criminal acts in the furtherance of the interests of the gang, which forms part of a pattern of criminal gang activity to which they contributed,” said Judge Henney.