Miguel Louw murder accused loses bid to have charges dropped, opts not to testify
Durban - The application to have charges against Miguel Louw's murder accused withdrawn has been denied.
Durban High Court judge Jacqueline Hendriques delivered her judgement in the Durban High Court on Monday morning.
In December, defence attorney of Mohamed Vahed Ebrahim applied for a Section 174 discharge of the Criminal Procedure Act 51 of 1977.
They did not provide the court with reasons for their application.
If successful Ebrahim would have been acquitted of murder, kidnapping and theft charges.
The defence was then asked to proceed with their case and they closed their case.
Vahed opted not to testify.
Arguments have been set down for February 21 and February 22.
Miguel Louw, a grade 4 pupil went missing in July 2018.
A month after his disappearance a R50K reward was on offer for anyone with information.
The Grade Four pupil's decomposed body was found in a shallow grave near Ebrahim's Phoenix home two months later.
In a two-page indictment, the State alleges that Ebrahim who lives in Longbury Phoenix occasionally lived at Miguel's home in Sydenham and performed odd jobs around their home.
It further states that prior to the incident, Ebrahim and Miguel's mother had an argument.
"As a result, the accused decided to kill the deceased in order to exact revenge on the deceased's mother," said the State in the indictment.
During her evidence-in-chief Miguel's mother Raylene testified that Ebrahim had been friends even after she was fired from her job at a local butchery where they both had worked together.