The state has until next month to complete its investigations into a fatal shooting outside a popular eatery on the Port Elizabeth beachfront or risk having the case struck off the roll, the Port Elizabeth Magistrate’s Court heard yesterday.
Jeremy Stokes, 30, and Cheslyn Jordaan, 23, both of Bethelsdorp, are charged with the murder of Marvin Draghoender, 27, and the attempted murder of a 16-year-old girl who was shot in the head when caught in the crossfire.
The shooting took place in the early hours of October 15 in front of McDonald’s after an alleged altercation between two groups of people.
Stokes, an alleged member of the Kakmaakers gang, abandoned his bail application in November. Jordaan was denied bail.
Last month, Jordaan approached the Port Elizabeth High Court to appeal against his bail dismissal, but acting judge Sarah Sephton said she was unable to find exceptional circumstances to justify releasing him on bail.
Attorney Malan de Beer, representing Stokes, asked the court to rule for a final remand after the state asked for the matter to be postponed again, pending the availability of video footage and a photo album.
Magistrate Patrick Ntoyi, confirmed that the remand would be final and told the state to get its affairs in order or the court would consider striking the matter off the roll.
Police spokeswoman Colonel Priscilla Naidu said the investigation was still under way, with video footage being analysed at the SAPS forensics laboratory in Cape Town.
“It is quite complicated and not a simple process involved. We hope to get the analysis before the next court date,” she said.
Naidu confirmed a photo album still needed to be compiled regarding the injured 16-year-old, which had been delayed due to the lengthy recovery period of the victim.
The case has been put down for April 20.
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