The National Prosecuting Authority has blamed a lack of sufficient evidence from police for its decision not to prosecute the man who shot and killed a motorist in a road rage incident in Emmarentia, warning that taking the case to court prematurely could mean he walks free for good.

A 58-year-old man was arrested on Sunday after he allegedly shot and killed Faisal ul Rehman, 48, on Barry Hertzog Avenue in Emmarentia following a minor collision between their two vehicles.

Gauteng police spokesperson Colonel Dimakatso Nevhuhulwi said the confrontation turned deadly after Rehman's wife, Tehseen, retrieved a firearm from their vehicle.

"It is alleged that a female passenger, suspected to be the wife of one of the drivers, went to get a firearm from the car, and the second driver also pulled out his firearm, resulting in a shooting which claimed the life of the husband, leaving the other driver and the female passenger injured," Nevhuhulwi said.

Rehman was shot dead and Tehseen was hit in the hand and shoulder, all of it unfolding in full view of the couple's two young children. See the full timeline of the incident in the sidebar at the end of this article.

"Both firearms are licenced," Nevhuhulwi said, adding that Rehman's firearm was registered in his name.

NPA spokesperson Kaizer Kganyago told IOL on Thursday that the NPA had not dropped the case, but that the evidence in the police docket was not enough to secure a successful prosecution at this stage.

"When the docket came to us, when we looked at the evidence that was in the docket for us to prosecute, we could not continue to put the matter on the roll, because the evidence that is in the docket is not enough for a successful prosecution," Kganyago explained.

He said the case had never been placed on the court roll, which means it can still be enrolled once police provide sufficient evidence.

"It is not like it was put on the roll and then removed," he said.

"We couldn't continue with it," he said. "Once the investigation gives us enough evidence, we will put it on the roll."

Kganyago warned that rushing to prosecute could backfire.

He said if the matter were placed on the roll and the state lost, the suspect could never be tried again.

"We've got to be careful not to put things in a rush on the roll and then we lose the case, because we can't come back and restart the case. They call it double jeopardy," he said.

"You cannot prosecute somebody twice for the same thing."

He said the NPA's role was not to investigate but to assess the evidence brought to it by police and decide whether there was enough to prosecute.

"All that we need is for the police, who are doing the investigation, to investigate further, give us enough information in terms of the evidence that we can use," Kganyago said.

Asked whether police had done a poor job gathering evidence, Kganyago would not be drawn.

"It's not my place to say," he said.

"All that we are saying is, we don't believe that with the evidence that we have, we can have a successful prosecution."

He also made the point that the NPA does not conduct its own investigations except in corruption matters handled by the Investigating Directorate Against Corruption.

"When it is any other matter, it's done by the police, and they bring the docket to us," Kganyago said.

"People need to make that distinction."

Nevhuhulwi said: "Investigations on the case are ongoing. Should there be an update, it will be communicated accordingly."

This Article was originally posted by IOL news