State believes Gqeberha prosecutor killing arranged from St Albans prison

The hit on Gqeberha state prosecutor Tracy Brown was probably arranged from inside the St Albans prison, and police analysts are dissecting data from 26 cellphones confiscated from inmates to determine a link with the accused now before the court.

Read more: Gqeberha prosecutor gunned down outside her home in ‘planned hit’ emphasises high stakes

The cellphone records of the two alleged hitmen before court, Simthembile Xungu and Ayabulela Busakwe, also revealed that they communicated with each other 146 times in the two weeks before Brown’s death, and the week thereafter.

These were among the revelations that came to light during proceedings at the Gqeberha Magistrates’ Court on Thursday. While Busakwe has abandoned his bid for bail, Xungu’s legal representative, advocate Sibongiseni Zimema, instructed by Joko Attorneys, brought an application before the court for insight into the docket that would allow them to better prepare for bail proceedings.

Read more: Suspected hitman of state prosecutor makes court appearance amid tight security

Senior advocate Marius Stander, for the State, opposed the application, saying the investigation was at a very sensitive stage and revealing the extensive contents of the docket would jeopardise the case, put evidence at risk and compromise the safety of witnesses.

However, he divulged certain information about the ongoing investigation, seemingly in hopes that it would appease the defence counsel. Reading investigating officer Shane Bosch’s affidavit into the record, Stander revealed that on the day Brown, a prosecutor at the New Brighton Magistrates’ Court, was shot, a minimum of 10 shots were fired.

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Brown had arrived at her Young Park home on the afternoon of 31 July and was still seated in her car with her partner and minor daughter when a VW Polo arrived. Two armed men exited the vehicle and opened fire on Brown, wounding her in the face, neck and abdomen, before running back to their car where the driver was waiting for them.

She was rushed to hospital, but succumbed to her wounds shortly thereafter. In the days that followed the shooting, the police managed to trace the vehicle and its owners, who told police Xungu had borrowed the car on 30 July and returned it to them on 2 August.

A further witness, who happened to be driving near the scene of the crime, told police that he saw a VW Polo driving recklessly, almost colliding with his vehicle. He identified Xungu as the passenger seated next to the driver.

A fourth witness told the police that Busakwe had been at their home and left a firearm there. Ballistic analysis confirmed the firearm as one of the weapons used to kill Brown.

Bosch’s affidavit further stated that cellphone tracking placed Xungu’s phone near a cellphone tower close to Brown’s home the day before her death and intimated that the accused were observing her house to plan her murder.

His phone was also tracked to a tower near the court where Brown worked on the day of the shooting. It is also believed there is video footage showing the VW Polo in question following Brown’s vehicle as she left court on the day of the shooting.

‘Extensive cellphone communication’

Cellphone records allegedly showed extensive communication between the two accused between 15 July and 6 August. The court further heard that Xungu confessed to police that his co-accused approached him to drive the getaway car during the shooting.

However, Busakwe allegedly submitted a conflicting confession, stating that Xungu approached him on 29 July and told him they had to “take care” of a prosecutor who was “causing problems for a friend”. In the alleged confession, Busakwe claimed that he was the getaway driver and not one of the shooters.

Stander said it would be imprudent for the State to give the defence any further insight into the docket at this juncture. The investigation was at a “very sensitive stage” because the second shooter and the mastermind of the shooting had still not been arrested.

He said the investigation indicated that the person who arranged the hit was possibly an inmate at St Albans, and a recent operation at the prison resulted in the confiscation of 26 cellphones. These cellphones were being analysed for possible links to the cellphones belonging to the accused who were before the court.

Zimema said he was not satisfied with the information Stander had provided. He continued his quest for more information contained in the docket that linked his client to the conspiracy to murder Brown.

Stander replied that further access would severely prejudice the State’s case and endanger witnesses. He indicated that two witnesses had already reported that “gun-wielding men” came looking for them. “If we give the defence access to the docket, we will find dead witnesses and no suspects,” Stander said.

Magistrate Thabisa Mpimpilashe said she needed time to consider the submissions of both the State and defence before ruling on whether the accused had the right to more information contained in the docket.

The matter was postponed until 19 September. Both accused remain in custody. DM