Durban — One of the two outstanding issues in the investigation of the murder case against a 47-year-old KwaDabeka police constable was a handwriting expert.
The State on Thursday said that DNA and a handwriting expert were outstanding in the investigation against Lungisani Xaba, who is charged with the alleged murder of his 70-year-old mother.
Details around the evidence requiring a handwriting expert were not divulged in court.
He is alleged to have assaulted Greta Xaba, 70, with a wooden plank with nails in it on May 6, just two days before Mother’s Day, in KwaDabeka, near Pinetown.
“The investigating officer has already sent this exhibit. The State is asking for a month to obtain the handwriting expert, I’m not sure how long the DNA would take,” said the State.
It is common knowledge that there is a general backlog when it comes to DNA in South Africa.
“We know DNA might take longer,” said Magistrate Gwendolyn Robinson before granting the State’s application for a month-long postponement.
Xaba was arrested on May 7 in KwaDabeka for assault with intent to cause grievous bodily harm. However, the charge was changed to murder on May 8 after his mother died.
He remains behind bars after having been refused bail previously by Magistrate Robinson.
Xaba, prior to his arrest, had been working at the KwaDabeka police station since 2010.
At the time he was making an application to be released on bail, he had detailed to the court that he had four children of which three were minor, those being 14-year-old twins in high school and a 5-year-old attending primary school.
Prior to his arrest, the officer lived in KwaDabeka with his mother and cousin as well as her child. His children live with their mothers.
At the time of his bail application, the court heard how on the day of the assault on Xaba’s mother, a witness in the matter, went to the KwaDabeka police station to report that the elderly woman was being assaulted.
Further, it’s alleged that when police arrived they found Xaba and his mother inside the house and she had serious injuries.
The investigating officer in the matter, Sergeant Siphesihle Jila, had previously also told the court that Xaba had been reported at the KwaDabeka police station on numerous occasions for assaulting his mother.
“It must be taken into account that the accused had a serious disregard for the law as can be seen from the circumstances surrounding the case. He knew exactly what he was doing, but had a blatant disregard for human life or the consequences of his actions. The accused also blatantly disregarded the law of our country. Human life meant nothing to him. We cannot go on allowing people like the accused to roam the streets, and this honourable court needs to refuse bail in this matter to show the people out there that they can have faith in the justice system and that they are protected,” Jila had previously said in court.
Daily News