By Lehlohonolo Lehana.
Judge Ratha Mokgoatlheng ruled against the defence application to retract the contents of a medical report which they handed in during cross-examination, showing that accused 2, Bongani Ntanzi, did not have any oral injuries at the time they said he was being tortured.
During cross-examination, to rebut Sergeant Vusumuzi Mogane’s evidence that on June 22, 2020, Ntanzi had appeared at the Tlhabane Magistrate’s Court, Advocate Thulani Mngomezulu handed up the medical report showing that on the day the accused had gone to the dentist.
However, in response, Mogane told the court that they had taken the accused to the dentist before taking him to court.
Ntanzi was arrested on June 16, 2020, and since then, according to the defence, he has been subjected to repeated torture by the police.
Mogane said the reason they took Ntanzi to a dentist on the day to check if he’d ever had a gold tooth as it was previously said that one of the alleged intruders on the day Meyiwa was shot and killed had sported a gold tooth.
Proceedings today started with Advocate Mngomezulu challenging his own document submission, arguing the submission was only in relation to the date on the document and not its contents.
The judge differed! “So, you are saying this court can only peruse part of it (the date) and the other details should not be looked at?”
Mngomezulu tried to argue that the document could not be accepted as evidence since it was merely a copy and not an original copy, also telling the court they had agreed with the state that the dentist would be called to give testimony on the report.
The defence has challenged the submission of the document showing Mogane’s car movements on the day and will consult on it and respond tomorrow.
Mogane is expected to take the stand again on Friday to continue with re-examination and a possible cross-examination by the defence based on the document’s contents showing his movements on the day.
Captain Tlou Nailana, the driver of the vehicle that transported accused 1, Muzi Sibiya, to pointings-out on June 5, 2020, took to the stand on Thursday.
Nailana testified that he was the officer tasked with driving Sibiya to the scene in Vosloorus in June 2020, where he would provide certain details.
He further testified that he drove with Lieutenant Colonel Nkosikhona Hadebe, the police officer who would be responsible for taking down the details at the murder scene.
The trio departed from Alberton Police Station in Ekurhuleni to Vosloorus on 5 June 2020.
“At this stage I overheard that is where I overheard Hadebe, he was asking this person if he was still sure if he wanted to proceed with his statement. ‘Yes’, the guy (Sibiya) responded and said it is okay, we can go ahead and do it.”
The trial-within-a-trial continued in court where the defense is arguing against the admissibility of alleged confessions made by Sibiya and Ntanzi.
The defense team representing Sibiya and Ntanzi, Advocate Mngomezulu, argued that his clients have been tortured into signing the alleged confessions.
But this is a version that has been disputed by witnesses, including Nailana.
Nailana testified in court that Sibiya showed no signs of any alleged assault.
“My observation as the suspect that was booked into the cells is that prior to the pointing out he was still calm and cooperative and I did not interact with him in any manner.”
The defense is set to begin its cross-examination of the witness on Friday.
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Video Courtesy of ENCA.