Cop on firearm charge might walk free

A policeman accused of providing his official firearm in a gang-related shooting, may just walk free after it was argued on Friday that the state had failed to set out a case for him to answer to.

Constable Walter Francis, 33, as well as his co-accused Enzo Kroates, 22, and Clement Kogana, 29, asked Judge Jannie Eksteen to acquit them – in terms of Section 174 of the Criminal Procedure Act – of charges which include murder.

Francis faces an additional charge of contravening the Firearms Act after it was alleged his service pistol was used in the fatal shooting in October 2014.

Denton Rademeyer, 28, was shot dead in the incident.

The Port Elizabeth High Court heard on Friday that the prosecution – at the close of its case – had not set out a case strong enough for the defence to answer to and that there was no evidence that the accused had committed the offence referred to in the indictment.

Judge Eksteen will make his ruling on Tuesday.