By Lehlohonolo Lehana.
Warrant officer Meshack Makhubo, who currently works for the Directorate for Priority Crime Investigation (DPCI), also known as the Hawks, was called by the defence to testify in a trial-within-a-trial.
The defence on Monday was granted permission by Judge Ratha Mokgoatlheng to reopen its case in a trial-within-a-trial, which commenced in October last year to determine the admissibility of confession statements, a pointing out and warning statements.
During the proceedings on Wednesday, the state objected to the reopening of the trial within a trial, arguing that the defence had concluded its case and had agreed to call other witnesses during the main trial.
State Prosecutor George Baloyi argued that introducing new witnesses would necessitate additional time, as it would bring forth new evidence.
He emphasised the urgency of concluding the case promptly, noting its prolonged duration. “If this application is allowed, new evidence will be adduced. All counsel will have to amend their heads of argument,” he said.
Baloyi further pointed out that some of the witnesses proposed by the defence might overlap with those planned by the state for the main trial.
On Thursday, Baloyi said there was no evidence before the court to prove that the accused persons were assaulted.
Five men are on trial for the 2014 murder of the Bafana Bafana captain.
Baloyi insists that both Muzikawukhulelwa Sibiya and Bongani Ntanzi confessed freely and voluntarily, and that all the confession statements were read back, explained to them and that they signed willingly.
Ntanzi insists he was assaulted at various stops and forced to sign the confession statements.
Baloyi said, “They then took accused 2 and went into the car and took him back to the police station in Pretoria. An entry was made on Wednesday 24 June 2020, it reads as follows: Sergeant Mogane came back with one male, Bongani Ntanzi without any visible injuries. We submit that Constable Jonathan and Leesering’s evidence confirms the evidence of Sergeant Mogane.”
For the past couple of months, the main Meyiwa trial has been put on hold to determine the admissibility of two confession statements deposed by accused number one and accused number two, respectively.
The court has heard varying versions of the confessions, with the defence alleging that the two suspects were coerced into signing already-prepared confessions by means of assault and that they did not read their rights.
However, the state disputed this version, asserting through evidence brought by witnesses that the accused “willingly confessed”.
The defence rested its case in February, and the trial was postponed to allow both the state and the defence to prepare their heads of arguments.