Defence challenges common-purpose case in Mbense murder bail application

By Johnathan Paoli

Defence counsel for private security owner Cobus Janse van Rensburg and former police officer Bhekokwakhe Sibande has challenged the State’s case against the two accused, arguing that gaps in the evidence undermine the prosecution’s reliance on the doctrine of common purpose.

The defence made the submissions during cross-examination of Independent Police Investigating Directorate (IPID) investigating officer Nomsa Masuku at the Brakpan Magistrate’s Court on Thursday.

The questioning focused on the State’s failure to identify the specific actions allegedly taken by each accused during the robbery, assault and subsequent disposal of Emmanuel Mbense’s body.

The six accused are suspended Ekurhuleni Metro Police Department (EMPD) deputy chief Julius Mkhwanazi, former EMPD officer Keisha-Leigh Stols, suspended EMPD officer Adrian Mackenzie, former South African Police Service (SAPS) officers Sibande and Juan-Mare Eksteen, and private security company owner Janse van Rensburg.

They face charges including murder, robbery and defeating the ends of