‘No concrete evidence’ against cop

THE BAIL hearing of John-Ross Henderson and his co-accused Rozario Mojaki, who are accused of being involved in a robbery and shooting incident at a supermarket in Galeshewe, continued in a closed court yesterday.

Magistrate Benjamin September ruled that his courtroom, at the Galeshewe Magistrate’s Court, must be cleared because of cellphone interference in the recording of the case.

Only the media and the families of the accused, together with members of the investigating team, were allowed to remain and listen to the proceedings.

There is still no indication regarding the bail application of the two accused and a decision is expected to be made later this week when the application continues.

Henderson’s attorney, Sinethemba Mzuzu, argued yesterday that there was no concrete evidence linking his client to the crime.

He also pointed out that Henderson’s strong family ties in the city and the fact that he is employed by the Public Order Police (POP) locally, should stand in his favour for securing bail.

Mzuzu added that Henderson’s home address had also been confirmed by the police.

During his cross-examination of Constable Bennett Sebegeilwe, Mzuzu also handed over Henderson’s passport to the investigating officer.

Mzuzu said that besides the statements given by Mojaki and a black bag allegedly found on the scene, there was no other evidence linking Henderson to the crime.

“The cartridges found on the scene have not yet been sent for forensics and it cannot be determined what firearm was used,” Mzuzu said. Henderson’s police-issued firearm was confiscated by the police during an earlier raid on his house, which took place on the same day as the robbery and shooting incident at Cheapest Supermarket in Galeshewe.

While he was being cross-examined, Sebegeilwe said that according to the statement made by two of Henderson’s crew members, who were on duty with him on the night of the incident, Henderson had at some point during the night requested to go home. After the members dropped him at home, the police received the call reporting the robbery at the supermarket.

Mzuzu pointed out that after the police had received the call, Henderson’s crew members went back to his house and found him there.

Mzuzu added that Henderson had handed himself over to the police a week after the incident, when he heard that he was a suspect in the matter.

“Prior to this, there were no complaints or evidence linking Henderson to the incident,” he said.

Sebegeilwe said that the police had conducted their own investigation after Mojaki implicated Henderson in the crime.

“Besides the statement, we have been conducting our own investigation. We are still searching for another suspect in connection with the incident,” said Sebegeilwe.

Mojaki’s legal representative, Nkululeko Gqadushe, argued that his client had been forced to make the statement implicating himself and Henderson, as he was allegedly assaulted by the police officials who questioned him after he was arrested.

He said Mojaki was hit in the mouth with the back of a firearm and that a case of assault has since been reported to the Independent Police Investigative Directorate (IPID).

Gqadushe added that his client, during cross-examination, said that he had wanted to make a confession. He was taken to the magistrate under the escort of members of the Tactical Response Team and other police officials. He pointed out that even the magistrate had questioned the presence of the TRT members and chased them out of her office.

Gqadushe said the magistrate then asked Mojaki if he knew the implications of his confession. “The magistrate noted the appearance of my client, who at that point decided not to make a confession,” he said.

Sebegeilwe meanwhile said that the police had over the weekend found new evidence linking Mojaki to the crime.

“It appears that Mojaki, after the robbery, on November 7, 2017 asked a friend to keep a firearm for him. He then paid the friend R400 but although the friend took the money, he refused to keep the firearm and gave it back to Mojaki. The witness said he did not want to get into trouble. Mojaki and the witness then parted ways.”

Sebegeilwe added, however, that this firearm had not yet been recovered by the police.

Gqadushe argued that it was strange that Mojaki would implicate himself and Henderson, as well as point out other evidence, like the scene where the stolen cellphones were burnt, but declined to indicate the whereabouts of the alleged firearm.

The case continues later this week. The accused remain in custody.

Henderson, who is the son of the chairperson of the Northern Cape Civics Association, Ross Henderson, and Mojaki are facing four charges of attempted murder and business robbery following an attack on four Chinese business people at their business in Galeshewe.

Two people were shot during the incident.

The victims were apparently sleeping in a back room on the premises when the incident occurred.

According to previous reports, the attackers robbed the victims of an undisclosed amount of cash, two cellphones and a laptop, before speeding off in a green Jeep.