Staggie smiles as judgment read

Published Sep 6, 2007

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A Cape High Court judge has harshly criticised the evidence of the single state witness who testified in the murder trial of former Hard Livings ganglord Rashied Staggie.

Justice Nathan Erasmus acquitted Staggie of the murder of a taxi driver, Faizel Ryklief, in Bridgetown in August 1996.

However, while the former gang kingpin is in the clear in this case, he is serving time in prison for an unrelated conviction.

Staggie smiled as he heard Judge Erasmus read the judgment on Wednesday.

Days before, Staggie pleaded not guilty to the charge of murder and two alternative charges of conspiracy and incitement to commit murder. Eugene Mashonga - one of the hitmen who carried out the murder - pleaded guilty. He was sentenced to 10 years in prison.

During the trial, the state's only witness, Donovan Richards, alleged that Staggie had watched footage of the murder of his twin brother, Rashaad, days before. Rashaad was murdered during a Pagad protest outside his home in London Road, Salt River.

Richards said that Staggie identified possible targets from the footage and ordered that Ryklief's father be killed. But, the hitmen killed the intended target's son instead.

Richards claimed that Staggie promised to reward the hitman with a trip to Hawaii.

The state closed its case after Richards's evidence.

Staggie then brought an application for discharge, but it was later rejected.

He did not testify and did not call any witnesses to give evidence in support of his defence.

Delivering judgment on Wednesday, Judge Erasmus explained that the court had to approach Richards's evidence with caution because he was a single witness and had participated in the crimes committed.

The court must find that such a witness's evidence was truthful if it wanted to find that an accused was guilty beyond reasonable doubt.

Judge Erasmus said there were three possible state witnesses who were not called to testify. He said he drew a negative inference from the state's decision not to call Mashonga to testify.

He found that Richards did not tell the court the whole truth about the video footage he claimed Staggie had used to identify targets.

Referring to statements Richards had made to police, Judge Erasmus said that he chose when he wanted to tell the truth.

The judge said Richards adapted his evidence as he went along and described his evidence as "selective".

"The record is full of blatant lies," he said.

Judge Erasmus rejected Richards's version and said the defence's decision to remain silent was a wise one.

Staggie was acquitted of the murder as well as the alternative charges of conspiracy and incitement to commit murder.

His appeal against his conviction and sentence on charges of housebreaking and the unlawful possession of firearms and ammunition is expected to come before the Cape High Court in November.

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