By Lehlohonolo Lehana.
Judge Ratha Mokgoatlheng ruled that the confessions made by two of the five men accused of the brutal murder of former Bafana Bafana captain Senzo Meyiwa were made freely and will be admitted as evidence.
Closing arguments in the trail within a trial came to an end in the Pretoria High Court on Monday afternoon.
Evidence in the trial-within-a-trial has been going on since October last year, with several police officers, including the lead investigator, taking the stand.
All have denied that Muzi Sibiya and Bongani Ntanzi were assaulted.
Sibiya and Ntanzi took the stand in their own defence maintaining that they never confessed to alleged involvement in the soccer star’s 2014 murder.
“Consequently, after going through all that evidence carefully, this court has reached the following conclusion, it rules that the confession made by accused number one (Sibiya) was made freely and voluntarily, without any coercion,”he ruled.
“It was made when accused was in his firm, sound and sober senses.”
Sibiya and Ntanzi, through their legal teams, had vehemently argued that their earlier confessions were a result of coercion by members of the South African Police Service (SAPS).
“The confession made by accused number two (Ntanzi) in respect of the said confession taken by Ms Cronje the magistrate, the court rules that it was made freely and voluntarily without any coercion, when accused two in his full and sober senses,” Mokgoatlheng said in his ruling.
“And also, the pointing outs made by accused number one before Colonel Hadebe were also made freely and voluntarily, without any coercion when accused two was in his full and sober senses. That is the ruling.”
Meyiwa was killed on October 26, 2014, while visiting his singer girlfriend Kelly Khumalo at her home in Vosloorus.
Five men — Ntanzi, Sibiya, Mthobisi Prince Mncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli are standing trial for his murder.
The court has adjourned early and will resume on Friday, the focus will now be on the main trial.
Legal commentator and defence attorney Nthabiseng Dubazana, from Dubazana Attorneys, said if the admissions are ruled to be admissible, they would form part of the record.
“What it actually means is that the court will consider the confessions when making a judgment and indicate that the confessions were done properly and the evidence is relevant,” Dubazana said.
Not only that, the judge will compare what the accused said in court versus what is contained in the confessions. This can essentially be used against them.”
This would effectively put the State, as led by advocate George Baloyi, in a prime position to secure murder convictions against the accused.