Traffic officer appeals attempted murder conviction

A TRAFFIC officer serving a 10-year jail sentence for attempted murder following a road rage incident in Newcastle, Kwa-Zulu-Natal, appealed his conviction and sentence as he argued his passenger fired the shots and not him.

- ZELDA VENTER

Nhlanhla Tshabalala turned to the Pietermaritzburg High Court in a bid to appeal his conviction on three charges of attempted murder and his subsequent sentence meted out by the Newcastle Region Court.

The issue of the doctrine of common purpose came under the judicial spotlight during the appeal, with Tshabalala arguing that he cannot be held accountable for his passenger's actions.

One of the injured people in the other car, Bonginkosi Zondi, testified that on the day in question, he was driving with his wife and another passenger, Dumisani Buthelezi. It was getting dark, and he came across a stationary Golf vehicle on the road, with its doors open.

He stopped and saw Tshabalala talking to a woman on the right-hand side of the road. He asked Tshabalala to move his vehicle, as he could not pass. An argument ensued, and Zondi eventually drove around the vehicle.