The man accused of the murder of Nelson Mandela Bay e-hailer driver Garrison Snayers may be acquitted on at least three of the charges he faces.
Bathandwa Jabavu, 27, was arrested along with Wandisile Gawe on February 23 2021, five days after Snayers was shot dead in the driver’s seat of his blue Suzuki Celerio, in Mandala Street, New Brighton.
Gawe later died and a third suspect arrested in connection with the murder turned state witness.
The firearm allegedly used to kill Snayers, a 30-year-old father of two, was never recovered.
Jabavu pleaded not guilty to charges of conspiracy to commit robbery, murder, robbery with aggravating circumstances and illegal possession of a firearm and ammunition.
On Monday, state prosecutor Sivuyile McKay conceded during closing arguments in the Gqeberha high court that should Jabavu be convicted on a charge of robbery with aggravating circumstances then the conspiracy charge would automatically fall away.
McKay also confirmed that the state did not have factual evidence to prove that Jabavu had a gun with him when Snayers was murdered.
He said that because a postmortem report confirmed Snayers’ cause of death to be as a result of gunshot wounds, it meant a firearm was used during the robbery.
McKay also conceded that if the court found no factual proof that Jabavu had acted in common cause with the others then he should also be acquitted of the charges of unlawful possession of a firearm and ammunition.
He further argued that Jabavu was a poor witness when he testified in his own defence.
Jabavu was released from custody on August 21 after it emerged that while on warning for the Snayers matter he was arrested on a charge of hijacking.
Charges against him in that matter were withdrawn in March, which meant Jabavu was kept in custody for several months while he was legally entitled to be released on warning.
It was only after he took to the stand that the evidence of his alibi was heard for the first time.
According to McKay, the alibi was a fabrication and could not be relied on after two alibi witnesses contradicted themselves and Jabavu’s version on material aspects, including specific times.
Jabavu had claimed he had been drinking with friends and driving around between Gqeberha and Kariega on the day of the shooting.
A state witness, who was sworn in as a 204 witness, had previously told the court that he was with Jabavu and Gawe on the day of the shooting and that they had planned to rob an e-hailer driver.
The witness said Jabavu had created a fake online profile to lure a driver with the purpose of robbing them.
He said he had seen Gawe and Jabavu get into Snayers’ vehicle when he arrived at the New Brighton pickup point but did not see anyone with a firearm and that there was no discussion about killing anyone.
Jabavu’s lawyer, advocate Siphokazi Cubungu, asked the court to be cautious when considering the evidence of the 204 witness, saying the state had failed to prove Jabavu had acted in common purpose with others.
“There is no evidence of joint possession of the firearm and ammunition,” Cubungu said.
After hearing arguments from both sides, judge Nyameko Gqamana said he needed time to consider all the evidence and postponed the matter to Friday for judgment.
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