A third person has been arrested for the shooting outside a Port Elizabeth beachfront eatery which saw one man killed and a teenager injured.
Fabian Fillis, who was arrested on April 17, appeared alongside Cheslyn Jordaan and Jeremy Stokes yesterday in the Port Elizabeth Magistrate’s Court.
Jordaan and Stokes were arrested on October 15.
The three men have been charged with the murder of Marvin Draghoender, 27, and the attempted murder of a 16-year-old girl who was shot in the head when caught in the crossfire.
It is alleged that on the night of October 15 an argument broke out between two groups of alleged gangsters in front of McDonalds in Humewood.
Draghoender was shot in the chest and arm and died later that day in hospital.
Yesterday, prosecutor Rafiq Ahmed told the court the case was not ready, pending further investigations and the possible arrest of more suspects.
Jordaan and Stokes were both denied bail, while Fillis abandoned his application.
Malan de Beer, representing Stokes, objected to the state’s application.
He said the rights of the accused should be considered in light of them being held in custody while the state sorted out its case.
“It is clear that the state doesn’t have its house in order at this stage,” De Beer said before requesting the matter be struck off the roll.
But Ahmed said it was in the interest of justice to postpone the matter to allow for further investigations.
“The investigation can’t be rushed. In many of these [gang-related] cases witnesses are killed,” Ahmed said.
Magistrate Patrick Ntoyigranted the state’s request for a postponement. The men will next appear on May 24 and all three will remain in custody.