* This story has been updated to reflect new information.
Cape Town - Toufiq Joseph was out on bail in a criminal case and had four knives in his car – one bloodied – when he was shot dead at a filling station in Gardens on Saturday.
This emerged during the bail application of David Forbes, 48, of Hout Bay, who has been accused of killing Joseph, 23, of Woodstock, apparently following an altercation.
Forbes, who has a stab wound on his wrist, had shot Joseph in self-defence, according to his defence team.
On Tuesday, while advocate Pete Mihalik, for Forbes, was questioning the investigating officer in Joseph’s murder case in the Cape Town Magistrate’s Court, it emerged Joseph had been facing charges in a murder case.
According to the charge sheet in Joseph’s matter, he was set to appear in Cape Town Regional Court on Wednesday, alongside two others. It said that while one of the accused was arrested for murder, Joseph had been facing a charge of housebreaking with intent to steal and theft, but these charges had not yet been put to them.
Forbes was found at the scene on Saturday calmly waiting for police – with his licensed Smith & Wesson pistol holstered. According to one witness, soon after the shots were fired, Forbes called out: “Call the police.” and waited for their arrival while drinking a Coke and smoking a cigarette.
On Tuesday the State initially opposed bail, but following discussions between the parties, State prosecutor Dail Andrews said they would not oppose bail.
An affidavit read by advocate Ross McKernan, also for Forbes, disclosed Forbes’s personal details. He was a successful businessman with dual South African and British nationality.
He was described as a family man, a father of two, who moved to South Africa when he was a year old and had lived in Joburg before he came to Cape Town.
He and his brother run a business in the entertainment industry, Tuscan Mood – an events company which runs five successful music festivals and donates large sums of cash to charities, annually.
They also own a lounge venue in Joburg with about 50 staff.
On Monday the court heard that Forbes had a previous conviction for common assault in the mid-1990s, for which he paid an admission of guilt fine. On Tuesday the court heard that in 2011 an assault case was withdrawn.
He has no pending cases or outstanding warrants for his arrest.
Regarding the shooting, he said: “I was threatened and acted in self-defence.” He said his family would suffer financially and emotionally if he remained in custody before the trial.
Investigating officer Ben Benjamin Mphulayana testified for the State.
He said they had statements from three witnesses who work at the petrol station. According to his information there was an argument between Joseph and Forbes, and shots were fired.
It appeared that Joseph had been attempting to reverse his vehicle, a black Golf GTI when he was shot.
The court heard that the surveillance cameras were focused on a generator and on the petrol pumps and not on the parking area. None of the witnesses knew what the argument had been about.
Mphulayana said one witness saw Forbes standing next to the Golf holding the firearm, and then he fired a shot.
“And then the accused opened the car (door) and shot another three shots at the deceased,” Mphulayana said.
Joseph was alone in the front seat.
Blood was found on one of the knives in the car but it was not clear whether it was Forbes’s blood.
No mention of an attack on Forbes was made in any of the witness statements.
Protesters gathered outside the court against Forbes’s release. Mphulayana said emotions were “high” in the community.
“They feel like it was a brutal killing.”
He suggested bail of R20 000 for Forbes.
Magistrate Nikki Oakes asked whether there were relations between Forbes and Joseph, and Mphulayana replied: “At this stage we are not aware of any connections between him and the accused.”
When Oakes asked how Forbes had been when he interviewed him on the day after the shooting, Mphulayana said: “His hands were very sweaty and his fingers were moving a lot.” Other than that he appeared to be “normal”.
Forbes had spent Tuesday night in Cape Town Central holding cells, to be able to consult with his attorneys.
He is expected back in court on Wednesday to hear the outcome of his bail application.
natasha.prince@inl.co.za
Cape Argus