The legal status of the Congolese man accused of stabbing an American tourist to death has come under the spotlight.
On Tuesday at Cape Town Magistrate’s Court, the State said they encountered a problem while investigating the citizenship status of Gedeon Tshimowa, 27.
Tshimowa allegedly stabbed Phillips Olagoke Allen-Barake, 22, on 9 February at Atlantic Point backpackers in Green Point.
The two had reportedly been fighting the previous night and the next morning while Allen-Barake was playing gospel music in the kitchen, Tshimowa allegedly stabbed him in the neck and chest.
State prosecutor Ricardo Swarts told the court the accused only gave his alternative address to the investigating officer yesterday, and it still needs to be verified.
He said Tshimowa had no previous convictions, no outstanding arrest warrants and no other pending matters.
Swarts explains: “The status of the accused is a problem for the State. There are two findings from Home Affairs, one that indicates there are no records – this is based on the name and details given to the police and the permit he gave to the police upon his arrest.
“The second printout indicates that the accused has a visa valid until 15 November, however the picture on the refugee status doesn’t correspond with the accused. That needs to be clarified.”
Swarts says they are opposed to bail: “The court will be aware that while in custody, the accused tried to escape and he had to be re-apprehended, so he poses a flight risk.”
Tshimowa’s private lawyer refuted the refugee status claims and is adamant her client is in South Africa legally.