Murder-accused Alberto Matthews is expected to hear judgment on November 20.
Image: Sandi Kwon Hoo / DFA
JUDGMENT is expected next week in the Northern Cape High Court in the murder trial of Alberto Matthews, who is accused of shooting his ex-wife, Mandy Bailey, multiple times.
The accused is facing charges of murder, attempted murder, assault GBH, the illegal possession of a firearm and ammunition, and pointing a firearm.
The post-mortem report indicated that Bailey died of multiple gunshot wounds to the head and body.
State advocate Leshnee Pillay said this week that she believed there was overwhelming evidence proving the guilt of the accused.
“He contravened a protection order when he went to the home of the deceased, where he allegedly broke in at the property in Main Road, Beaconsfield, on December 27, 2024. The deceased’s daughter, Erin Cupido, stated that the accused entered through the back door of the house and removed the lock.”
She pointed out that the deceased’s brother, Wesley Bailey, was the last person to lock the gate after going outside to smoke.
“The accused lived with the deceased and her family until November 2023. He contravened the conditions of the protection order and placed himself on the scene of the murder.”
Pillay argued that the murder was premeditated.
“The accused went to the home of the deceased with a firearm. The deceased’s minor child told the court that the accused was the person who shot her mother in the bedroom. Wesley was pointed at with a firearm and would have been shot had the gun not jammed. Live ammunition and a firearm were found next to him when the accused was arrested.”
She added that the projectile matched the bullet wounds of the deceased, according to the ballistic report.
“The accused was found to be in possession of an unlicensed firearm.”
Pillay said the witnesses corroborated that Matthews was at the house at the time of the incident and heard the gunshots.
“They also testified that he had assaulted the deceased in November 2023 and that she had consequently obtained a protection order against him. The accused left the house following the incident.”
The legal representative for the accused, advocate Obakile Maroke, pointed out that the deceased’s youngest daughter was the only eyewitness.
“The other State witnesses relied on the evidence of third parties,” said Maroke.
He added that his client did not deny being on the scene, but indicated that he visited the home of the deceased “by agreement”.
“Matthews does not deny that there was a scuffle between himself, Wesley and the deceased. He was not in possession of a firearm and does not know who fired the shot. He ran for his life when the gunshot was fired.”
Maroke also argued that no fingerprints were obtained from the firearm.
“Neither was any DNA taken from the jacket.”
He pointed out that the firearm found wrapped in a blue jacket, along with ammunition, was not found on the person of the accused but in the vicinity.
“The State’s case is weak as it has failed to prove its case beyond a reasonable doubt. My client should be found not guilty on all charges,” he said.
Judge Danie Olivier acknowledged delays in the finalisation of the case and stated that he would hand down judgment on November 20.
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