Fagmeed Kelly. Photographer: Armand Hough / Independent Newspapers
A CAPE Flats gang accused of being behind the murder of a Hawks officer’s father and a botched hit on attorney William Booth is in the spotlight at the Western Cape High Court, amid their bid to be acquitted.
The extra-marital affairs, backstabbing, fist fights and cellphone evidence of the Terrible West Siders gang came under scrutiny by Judge Robert Henney yesterday as their lawyers proceeded with their 174 applications.
The group, allegedly led by Moegamat Toufeek “Bubbles” Brown, are on trial alongside alleged underworld kingpin Nafiz Modack.
According to the State’s case, Bubbles along with Riyaat Gesant, Fagmeed Kelly and Mario Pietersen carried out the murder of Nicolaas Heerschap in a shooting aimed at killing his son, Hawks officer Nico Heerschap.
It is understood that the Hawks detective was investigating a vehicle finance fraud case against Modack at the time that he was shot.
During the trial, a former hitman turned piemp, admitting to firing the fatal shot which killed Heerschap and told the court how he tracked Booth for months with a plan to kill him.
But as lawyers attacked the credibility of the witness dubbed ‘Mr A’, Henney hit back outlining the corroborating evidence.
In the State’s case it was revealed that Kelly was found in possession of a key to a Mercedes Benz used in the Heerschap hit. Further tracing of the vehicle linked it back to Modack’s brother, Yaseen.
While defence lawyer Inge Jansen conceded this was problematic, she argued that the call placed from a phone to the hitmen in the Booth shooting was not from Bubbles.
In his testimony, Colonel Eddie Clarke revealed that after the shooting they found a cellphone number which had contacted the accused.
Investigations revealed the phone was pinging from a cellphone tower at Pollsmoor Prison and cops later questioned a woman who confessed to receiving calls from Bubbles saying she was his jolmeit.
Chuckles were heard in the court room as Henney interrogated the application saying: “What about the calls to his lady friend”.
The seasoned judge told the Court that Bubbles would have a hard time trying to prove he did not order the hit on Booth as he highlighted that his wife, Kauthar Brown, had already been convicted on the botched hit after confessing.
Henney also said he noted that Bubbles was visibly upset when evidence showing that Gesant had also previously confessed to the Booth hit, sparking a rol in the dock.
During the trial, Bubbles alongside his co-accused were arrested by the Hawks after tik was smokkelled into the court room. Their lawyer, Nazeer Parkar, later withdrew from the case and was later slapped with drug charges alongside his former clients.
The hearings will continue on Thursday.