The Western Cape High Court has dismissed an application for acquittal made by the accused in the Zahnia Woodward murder trial on Monday.
On trial for murder, attempted murder and obstruction of justice are Christopher September, Larry Johnson, Tashwill Kriel, Morne May and Larry’s mother Mirriam Johnson.
Last week they applied to be acquitted in terms of Section 174 of the Criminal Act, claiming the state did not have enough evidence to secure a conviction.
But of the 15 charges, which include possession of a firearm and ammunition, only one amendment was made by Judge Robert Henney on Monday.
September, Kriel and May were found not guilty of obstruction of justice, in direct relation to the white VW Golf, owned by Larry Johnson and used during the drive-by shooting in which six-month-old Zahnia was killed in Ocean View in December 2016.
CASE: Judge Henney with suspected Zahnia killers
Judge Henney said: “Accused two and five (Larry and Mirriam) will, however, remain charged of count 15 as there are both testimonies from witnesses and evidence to show the car was his and she had tried to get rid of it a day after the shooting, knowing what it was used for.
“She gave instruction for people to get rid of it.”
He said if Larry was innocent he would not have abandoned his car, and nor did he report it as missing to the police.
The judge said he was satisfied that the accused could be convicted on their charges.
Henney allowed counsel for the defence to interview the state’s 14 witnesses at the Ocean View police station on Tuesday.
The case continues on Wednesday.