Congolese murder accused could be in SA illegally, State prosecutor finds

Phillips Allen-Barake, 22, was stabbed to death at Atlantic Point Backpackers in Green Point. Picture: Social media

Phillips Allen-Barake, 22, was stabbed to death at Atlantic Point Backpackers in Green Point. Picture: Social media

Published Feb 28, 2024

Share

The citizenship of a Congolese man accused of stabbing and killing an American tourist in Green Point has come under scrutiny in the Cape Town Magistrate’s Court.

The State yesterday told the court that they encountered a problem while investigating the citizenship status of Gedeon Tshimowa, 27.

Tshimowa is accused of stabbing to death Phillips Allen-Barake, 22, on February 9, at the Atlantic Point Backpackers after the two got into a fight the previous night.

It is believed that Allen-Barake was playing gospel music and when he went to the kitchen area, Tshimowa allegedly stabbed him in the neck and chest.

Tshimowa was arrested and according to the State, he tried to escape from custody.

State prosecutor Ricardo Swarts told the court that Tshimowa gave his alternative address to the investigating officer on Tuesday morning, which still needed to be verified.

“The status of the accused is a problem for the State, there are two findings from Home Affairs – one that indicates there’s no record, this is based on the name and details given to the police and the permit he gave to the police upon his arrest,” he said.

“The second printout indicates that the accused has a visa valid until November 15. However, the picture on the refugee status doesn’t correspond with the accused.”

Swarts said they opposed 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 was adamant her client was in the country legally.

Outside court, Allen-Barake’s uncle, Bukalo, said a memorial service would be held in New York tonight.

“His body was repatriated, he will be buried on Friday.

“He was a good young man who had aspirations of preaching the gospel in South Africa, which was written in his journal.”

mandilakhe.tshwete@inl.co.za