We were in danger, says cop charged with subject’s death

In seeking to prove that a police captain had shot a robbery suspect execution style, the State argued that he was angry at seeing his colleague dead and another badly injured.

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Durban - In seeking to prove that a Pinetown police captain had shot a robbery suspect execution style, the State on Tuesday argued in the Durban High Court that he was angry at seeing his colleague dead and another badly injured.

Captain Dumisani Dladla, 46, had pleaded not guilty to killing Pardington Gonye in October 2012 at Qashana Khuzwayo (Shepstone) Road, New Germany, where a shoot-out had earlier occurred between robbers and police.

Constable Ajith Krishanlall and Constable Jerome Nguma were the first to respond to the report of a robbery at the KFC outlet and were both shot.

Krishanlall died of his injuries.

Dladla and his crew arrived soon afterwards. According to the indictment, Dladla and his colleagues were pointed in the direction of a fleeing robber.

It is alleged Dladla got out of his police vehicle and shot Gonye and that while he lay on the ground, Dladla shot him again.

It is further alleged that Dladla tampered with the scene by removing Gonye’s gun, which had been lying some distance away from him before he was shot, and placing it closer to Gonye’s body.

Dladla had also pleaded not guilty to defeating or obstructing the course of justice.

The Independent Police Investigative Directorate (Ipid) investigated the shooting, and Dladla’s statement was entered into evidence.

According to his statement, when they arrived at the KFC he saw Nguma lying on the side of the road and that Krishanlall was lying on his back.

Kneeling

They found one of the fleeing robbers kneeling in front of the post office and when Dladla got out of his van and approached Gonye, he said Gonye jumped forward in an attempt to shoot him.

“I ordered him not to move. He disobeyed my instruction and continued reaching for the firearm. I realised that our lives were in danger and I fired a shot at him. He still wanted to grab the firearm and I fired another shot at him,” read his police statement.

He also said he picked up the gun and kept it with him until the scene was secure. Dladla said he put the gun “where it was since a lot of police were around by this time”.

In court, he admitted to presiding Judge Shyam Gyanda that he wrote a bad police statement because he failed to mention Gonye had a gun, just saying Gonye reached for the firearm.

State advocate Yasmin Vahed showed the court security footage of the shooting. “I put it to you that (Gonye) was no danger to you and your crew when you shot him the first and second time,” she said.

Dladla said, to him, Gonye was a threat both times.

She then put it to him that the position he adopted, particularly the second time, showed he had direct intention to kill him. Dladla denied this, saying he wanted to incapacitate Gonye instead.

The footage shows Dladla standing upright. He then put his foot on Gonye’s gun, crouched, took aim and shot him in the head.

Vahed argued that if Dladla was in real danger he would have instinctively shot him as he stood instead of taking time to change position and then shoot.

Dladla denied this.

The trial continues.

noelene.barbeau@inl.co.za

@noeleneb

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