Maskandi Star Phuzekhemisi Found Not Guilty Of Murder Charges
Maskandi Star Phuzekhemisi Found Not Guilty Of Murder Charges – Iconic maskandi artist, Zibokwakhe ‘Phuzekhemisi’ Mnyandu has been acquitted of all charges.
The Durban Regional Court found him not guilty today following facing two charges, namely, murder (of Selby Shezi and his band member) and handling a firearm while under the influence of alcohol.
The incident took place in December 2018, two witnesses were called, Syanda Dlamini for the state and Dr Lindani Nyawo for the deceased.
The case started on Wednesday and it was finalized on Thursday midday, on both days, Phuzekhemisi looked relaxed in his jeans and blue powdered shirt. He was accompanied by his lawyer, Simphiwe Mncwango and his relatives.
In his judgment, Magistrate Anad Maharaj said that the evidence is not enough to proceed with the case.
“Syanda was the only witness for the state and his version is consistent with the accused’s (Mnyandu’s) version. He could not see other things because he was driving. He knew both Mnyandu and Shezi and he was the only person present during the incident. Syanda told the court that Shezi started the fight. He was an impressive and honest witness. He gave a detailed version of what happened on that day and this version was not disputed by the accused.
“Syanda did not specify why Shezi was slamming the door. But he told the court that that there was an altercation between the two of them. He says that there was a squabble and a fist fight between the two. The accused had a gun with him. During the squabble a gun shot was fired and multiple shots were fired,” said Maharaj.
A Chief Forensic Practioner, Dr Lindani Nyawo was also called to determine the cause of death, according to Nyawo, Shezi had multiple scars but only two were consistent with the gun shots.
“I cannot say that the cause of death was because of gun shots. Instead a blood clot had blocked his veins leading to his death,” said Nyawo.
He also told the court that Shezi had previously been treated by other medical practitioners.
Mnyandu’s lawyer told the court that “It was a survival of the fittest as they were fighting over a firearm. Mnyandu was trying to defend himself, he was trying to remove the firearm from his body.” he said in his argument.
After the case, Phuzekhemisi celebrated outside court and said “I’m finally a free man and I’m happy that this case is over. I’ll be able to sleep peacefully at night. This case has dragged for an entire year and it was affecting my work. The sponsors were starting to pull away from me,” he said.
Selby Shezi’s brother, Sibusiso said that they are saddened by the loss, “From yesterday it was clear that we might lose the case. This is because the main witness didn’t see the critical things. But we’re glad that it’s over and we have no plans of appealing the case.”