Lucky Dube trial postponed

The court needed time to consider certain issues before making a ruling on a trial within a trial.

"Regrettably, the court is unable to give a ruling today [Tuesday]; there are certain aspects that the court has to consider. For that reason the matter has been postponed to Wednesday," said Judge Seun Moshidi.

All three men will be remanded in custody until then.

Last week, Moshidi granted an application for a trial within a trial by the defence counsel after they raised three concerns.

The first was the possibility that a state witness might have seen the three accused, before an identity parade, when they appeared for the first time at the Johannesburg Magistrate’s Court on October 23 2007.

Secondly, that the accused had no legal representation when the identity parade was held.

Lastly, that they were not informed in time about an identity parade held on October 29 2007.

Julius Gxowa, Mbuti Mabe and Sifiso Mhlanga, all in their thirties, are on trial for allegedly killing Dube outside his brother’s house in Rosettenville, south of Johannesburg, on October 18 2007.

They face a charge of murder, two charges of aggravated robbery, one count of attempted aggravated robbery, and two counts of the illegal possession of a firearm and ammunition. — Sapa