Cartridges lay around Thato’s body

926 30.07.2012 Student constable Sipho Mbatha, who shot and killed 16 year old Thato Mokoka early this year. Appears before the Johannesburg High Court for the murder of Mokoka. Mbatha (said this in his evidence) apparently shot and killed the 16 year old as the gun he was carrying went off mistakenly and firing 8 bullets to the young man’s body at his home in Braamfisherville in Soweto. Picture:Itumeleng English

926 30.07.2012 Student constable Sipho Mbatha, who shot and killed 16 year old Thato Mokoka early this year. Appears before the Johannesburg High Court for the murder of Mokoka. Mbatha (said this in his evidence) apparently shot and killed the 16 year old as the gun he was carrying went off mistakenly and firing 8 bullets to the young man’s body at his home in Braamfisherville in Soweto. Picture:Itumeleng English

Published Aug 8, 2012

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Johannesburg - Several cartridges were lying around the spot where a Soweto teenager was shot dead, the High Court in Johannesburg heard on Wednesday.

The victim's uncle, Russel Mokoka, testified that when he arrived at the scene he found Thato Mokoka, 16, lying uncovered. He said the scene had not been cordoned off. He then covered his nephew's body.

Police would not show him who had killed his nephew.

“I used my phone to light the area where Thato was lying. I saw many cartridges there. I picked one up with a tissue and put it in my pocket.”

Mokoka said he hoped the cartridge could help an expert identify the gun that killed his nephew, as well as his killer. The cartridge was handed to authorities several days later.

Student Constable Sipho Mbatha is on trial for allegedly killing the boy outside his grandmother's house in Bramfischerville, Soweto, on February 14.

During a tea break, members of the Mokoka family accused Mbatha's family of threatening the uncle. The Mbathas in turn claimed the Mokokas threatened Mbatha when he came to court.

Thato Mokoka was killed during a police search of a shack at the back of his grandmother's home. He was alleged to have been part of a local gang and in possession of an illegal firearm. The gun was never found.

Mbatha has pleaded not guilty to the murder charge against him. He said his R5 rifle went off accidentally as he tried to search Mokoka, who was lying on the ground on his stomach.

Student Constable Nkateko Chauke was next in line to take the stand.

The trial continues. - Sapa

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