Victim’s criminal record is released



November 2, 2016
Victim’s criminal record is released

ACCUSED: David Forbes is on trial for murder

Judge grants accused's defence's request.

Lawyers representing a music promoter who admitted to killing a Salt River resident have been granted access to the deceased’s criminal record.

This was the decision of Magistrate Mbuso Msigaphantsi on Tuesday as David Forbes appeared at the Cape Town Regional Court.

Forbes shot and killed Toufiq Joseph at an Engen garage in Oranje Street, Cape Town, in January last year following an argument.

Toufiq was sitting in a black VW Polo when he was shot dead in broad daylight by the accused who admitted to the act but claimed he acted in self-defence.

SHOT DEAD: Toufiq Joseph

Last year Forbes’ attempts to plead guilty to a lesser charge of culpable homicide were denied by prosecutors who wanted to go ahead with the murder trial.

But delays in the matter have resulted in constant postponements as the defence asked the court to force the state to give them access to the criminal record of not only the deceased but also his family.

Yesterday Magistrate Msigaphantsi granted the defence’s application to have access to Toufiq’s record.

During Forbes’ bail application, it was revealed Toufiq had a charge of murder pending against him. No further details have been provided.

Forbes’ lawyers believed Toufiq’s record was relevant to their case.

Yesterday, one of Forbes’ lawyers, Noorudien Hassan, said: “The state will now give us the copy and we will decide on a way forward.”

Forbes is due back in court on December 12.

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