Durban — A Clermont man alleged to have stabbed his girlfriend in the chest killing her was warned to cease communicating with a State witness who happens to be his girlfriend’s son.
“If you continue the State will cancel your bail and have you taken into custody where you will remain behind bars until the matter is finalised,” warned Magistrate Themba Sishi on Tuesday at the Pinetown Magistrate’s Court.
He had been addressing Abednigo Khubisa, 44, who is alleged to have stabbed and killed his girlfriend Sanelisiwe Tobo on May 28.
Khubisa was granted R3 000 bail last month and in his application had told the court that he had one minor child whom he was supporting as well as his grandmother.
Khubisa was arrested after allegedly stabbing Tobo in the chest at his place of residence.
During his bail application, the court heard that Khubisa was linked to the offence by his other girlfriend, who had been at the scene, who pointed him out.
At the time the investigating officer in the matter had advocated that the former SANDF member be denied bail citing that he would attempt to evade trial and influence or intimidate witnesses.
The matter had been set down for further investigations. The State told the court that the post-mortem report, as well as the photo album, were still outstanding further raising concerns that Khubisa was messaging one of the State witnesses who was also Tobo’s son and neighbour.
When Khubisa was quizzed by Sishi on the bail conditions attached to his release he told the court that he had not been aware that he was communicating with the deceased’s son.
“I was communicating with them on Facebook and I didn’t know that it was the deceased’s son… I’m only hearing it now. They asked me what happened on the day the deceased died and I explained,” replied Khubisa to the magistrate.
Sishi warned the accused about his actions: “You have been communicating with the son of the deceased, Tobo. That person is a witness in this matter. Do not communicate with your girlfriend’s neighbour.”
Khubisa relocated from Clermont to KwaDukuza after being granted bail. He made an application to amend the condition of his bail to sign in on specific days at the Pinetown police station.
He requested to do this at KwaDukuza police station which the court granted.