The man accused of murdering Marius van der Merwe has claimed that vehicle tracking data does not place him at the scene of the fatal shooting.
Matipandile Sotheni made the claim through an affidavit read out by his legal representative during proceedings in the Brakpan Magistrate’s Court east of Johannesburg, where he is continuing with his bail application.
Van der Merwe, also known as Witness D in the Madlanga Commission of Inquiry, was shot and killed outside his home in Brakpan in December last year.
In the affidavit, Sotheni denied being on Gold Street, where the shooting took place, and argued that tracking information showed he was located two streets away at the time of the incident.
His lawyer, Nthabiseng Mohomane, told the court that the state’s version of events contained inconsistencies.
“It is important to inform the court that at the time of this alleged offence, I was not in Gold Street where Mr van der Merwe resides. My tracker has not placed me there,” the affidavit stated.
The defence further claimed that occupants of a dark-coloured hatchback were responsible for firing the fatal shots at Van der Merwe.
Mohomane also questioned the state’s timeline and evidence, arguing that prosecutors had failed to adequately explain references to different vehicles allegedly linked to the incident.
“This shows the timeline is not clear. The state has not explained this properly,” she said.
The bail application proceedings are expected to continue.