Engen garage killer David Forbes has demanded the State handover the criminal records of his victim – as well as that of the victim’s family.
The 48-year-old concert promoter made a brief appearance at the Cape Town Regional Court yesterday, where his lawyers filed the application for Toufiq Joseph’s criminal record.
Forbes admitted to murdering the 23-year-old at the Engen garage in Kloof Street, Cape Town, in January last year but claimed it was in self-defence after the victim threatened him.
Witnesses at the scene told police they saw the accused opening the car in which Toufiq was sitting, firing three shots inside and then shouting for bystanders to call the cops.
Four knives, one with blood on it, were found in Toufiq’s car.
It has not been revealed what the two had been arguing about.
It was rumoured that Toufiq was involved in a ticketing scam for a concert Forbes was organising.
Yesterday, one of Forbes’ three lawyers, Pete Mihalik, requested that the criminal record of Toufiq, as well as that of his father, mother and two brothers be made available to the defence.
Mihalik told the court: “The State did not furnish us with the further details we requested from the docket.”
But State Prosecutor Ebrahim Adams said the request was not relevant to the case.
Magistrate Mbuso Msingaphantsi said he would deliver a ruling in five weeks’ time whether or not to grant the defence’s request.
During Forbes’ bail application in January 2015, it emerged that Toufieq had been out on bail at the time of his death.
Investigating Officer, Constable Benjamin Mphulanyana, said Toufiq had been charged with murder, but did not disclose any further details.
Outside court, Toufiq’s family expressed anger at yet another delay in the case.
His father, Ebrahiem Joseph, says he does not understand why the defence is stalling.
“It’s ridiculous for them to want my family’s records,” he told reporters.
He did not want to comment on the family’s criminal history.
The matter has been dragging on for a year and a half, starting with Forbes trying to plead guilty to the lesser charge of culpable homicide, which prosecutors rejected.
Forbes is back in court on September 5.