Morgan v The State

The appellant, Mark Anthony Morgan, was charged in the Johannesburg High Court with murder, attempted murder, and unlawful possession of a firearm and ammunition arising from a shooting incident in Westbury on 30 November 2003. Adrian Barris, a fellow gang member, was shot and killed, and shots were also fired at his friend Godfrey Leghlo. The State alleged that the appellant, perceived as a member of a rival gang (the Fast Guns), shot the deceased following gang-related tensions. Three State witnesses, Leghlo, Aubrey Baardman (both members of the Majimbo gang), and an independent civilian witness, Iva Kiranie, placed the appellant at the scene and identified him as the shooter. The appellant denied involvement, raised an alibi in terms of s 115 of the Criminal Procedure Act 51 of 1977, and alleged false implication motivated by gang rivalry. He was convicted and sentenced to an effective term of imprisonment, which was partially reduced on appeal to the Full Bench. He then appealed to the Supreme Court of Appeal against his conviction only.

The appeal against conviction was dismissed.

The case is significant for its treatment of eyewitness evidence in gang-related violence, reaffirming that such evidence must be approached with caution but can still be relied upon if corroborated and evaluated holistically. It reinforces appellate principles on assessing contradictions, conspiracy allegations, and the requirement that evidence be considered in its totality.