By Lehlohonolo Lehana.
A state witness has dismissed the notion that she failed to act after one of the five men accused in the Senzo Meyiwa murder trial informed her about his “unlawful” detention.
The defence concluded with Magistrate Vivian Cronje’s cross-examination in the Gauteng High Court in Pretoria on Monday.
Cronje faced tough questions in the witness stand last week as the court continues to hear evidence in a trial-within-a-trial, which is being held to determine the admissibility of confession statements made by Bongani Ntanzi and one of his co-accused, Muzikawukhulelwa Sibiya.
In her evidence-in-chief, Cronje, who took down Ntanzi’s confession on 24 June 2020, told the court the statement was taken freely and voluntarily and in the presence of his legal representative, Dominic Ntokozo Mjiyako as well as an interpreter.
However, the Pretoria High Court found that the recording Ntanzi’s confession, which was taken in secret by Cronje, was inadmissable as evidence.
On Monday, the State has led to photo evidence showing one of the football star’s alleged killers without any visible injuries.
The Pretoria High Court was hearing a trial into the admissibility of confession statements by two of the accused. While the State believes the confessions were made freely and voluntarily, the defence claims the men were tortured and assaulted.
According to pictures presented by police officer Nkosikhona Radebe in the High Court on Monday, Sibiya had no visible injuries on his body on the day that he deposed a statement in regards to the “pointing out” of the Meyiwa murder scene.
Radebe told the court that he interviewed Sibiya at the Boksburg Magistrates Court on 6 June 2020.
“I requested that a member (Sgt Maphakela) of the NCRC in Alberton take pictures of the accused. He (Sibiya) was calm.”
Radebe also told the court that he asked Sibiya if he was coerced into pointing out the crime scene.
“Were you in any way threatened or assaulted in any way to point out scenes or points?…. Do you have any bruises or injuries of any nature? Can you show them to me? If so, please show them to me.”
Sibiya responded to Radebe’s questions by saying “no”.
Radebe’s evidence supports that of former cop Moses Mbotho, who testified in court earlier this month.
Mbotho was tasked with taking down Sibiya’s alleged confession on the details of Meyiwa’s murder.
He denied that Sibiya was assaulted by police, saying Sibiya had not brought it to his attention at the time he drafted his statement.
But Sibiya’s defence has disputed the evidence put forward by the state.
Advocate Mduduzi Mngomezulu, who represents Sibiya and accused Ntanzi, argued that Sibiya was slapped and tortured with a clear plastic bag covering his face.
Sibiya was initially arrested in Tembisa at the end of May for the illegal possession of drugs, and would later be linked to Meyiwa’s murder.
Sibiya and Ntanzi are among five men accused of killing the Bafana Bafana player at the home of his girlfriend Kelly Khumalo on 26 October 2014 in Vosloorus, Gauteng.
They have all pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
Watch Live in the video below:
Video Courtesy of ENCA.