GALLERY: Closing arguments in Flabba case finalised

Both State Advocate Paul Schutter and defence counsel, Advocate Norman Mahkubela presented their closing arguments at Randburg Magistrates’ Court on 23 November in the trial of Nkululeko ‘Flabba’ Habedi’s death.

Habedi was killed at his home in Alexandra on 9 March. He died due to a stab wound to his heart. Sindiswe Manqele (his girlfriend) is accused of murdering him and has pleaded not guilty and said she acted in self-defence.

Adv Schutter argued that Manqele had numerous inaccuracies in her version of events, namely – her alcohol and marijuana intake and her reaction to the dancing of Flabba’s ex-girlfriend Kia.

Also her version that Flabba was using a knife to enter the room is improbable because witness evidence from two men present at the home said they did not see a knife in his hand. Among other inaccuracies Adv Schutter submitted that her version be rejected due to the improbability. “She waited to see his reaction after she stabbed him – that my Lord, is not the actions of a person fearing for their life.”

Adv Schutter concluded, “I put to the court that her version should be rejected as beyond all reasonable doubt.”

Defence counsel, Adv Norman Mahkubela based his argument largely on the ‘bias’ of the State witnesses. “Some of these witnesses only gave statements two weeks prior to the trial’s commencement.” Also that if the witness inside the house could hear a commotion inside the room it is then improbable that the witnesses outside of the house [by the bedroom window] would not have heard her scream for help.

Adv Mahkubela stated that the wounds on her stomach were not self-inflicted with the glass that she used to slash her left wrist. “Her attempts to not only save his life but call emergency services, should speak positive volumes,” said Adv Mahkubela.

“After all is said and done, your Lordship is faced with two conflicting versions.” He continued by arguing that she had made calls to the taxi to leave because ”she felt embarrassed, humiliated and abused.” This was after the altercation with the two men before leaving the club. Also that there was no reason for her to leave the room, put the McDonalds back in the fridge and only then came back with the knife. Adv Mahkubela concluded by saying, “If the accused did not exercise her opportunity [to defend herself] on a balance of probability, there would be another person [Flabba] on the accused bench.”

Judge Sithole said, “This is a crime of passion with two people in love and their love is caracterised by altercations and exchanges.” Adv Makhubela argued that it was not a crime of passion but one of fear and danger.

Judge Sithole thereby postponed the trial to 9 and 10 December for judgment.