By Lehlohonolo Lehana.
Embattled Ekurhuleni Metropolitan Police Department (EMPD) Deputy Chief Julius Mkhwanazi’s lawyer has challenged the State’s version, arguing that his client not at the scene when businessman Emmanuel Mbense was assaulted and killed.
Mkhwanazi and his co-accused are facing charges including murder and defeating the ends of justice linked to the killing and dumping of Mbense’s body in 2022.
The state is pursuing Schedule 6 charges in the matter on the grounds that a murder was committed by a group and with common purpose based on a prior agreement.
Schedule 6 charges require the accused to prove exceptional circumstances for their release on bail, but Mkhwanazi’s attorney believes this may not be applicable.
Mkhwanazi’s lawyer, Peter Wilkins, pressed Independent Police Investigative Directorate (IPID) lead investigator Nomsa Masuku on why the State’s charge sheet does not refer to a prior agreement to kill or rob Mbense, noting this was only mentioned after he objected to a murder charge.
“I put it to you that the reason why the State does not mention a prior meeting at which this was agreed upon is because there is no such evidence in your docket,” Wilkins said.
Masuku conceded that Mkhwanazi was not part of the alleged prior meetings, but refused to concede that Mbense was already dead when Mkhwanazi arrived at the scene and could only face a charge of accessory after the fact.
“I cannot agree to say when he joined, the deceased was already dead because we don’t have certification of death from the house,” Masuku said.
The counsel wanted Masuku to elaborate on the actions taken by the accused that eventually led to Mbense’s death.
“As to how he was assaulted and choked, that’s for the applicants, who were inside that room, but due to those assaults, he died. That was not a natural death,” she said.
Pressed on discrepancies in time and progress of the alleged assault contained in witness statements and her report, Masuku clarified that her report was a broader account of matters.
“Sir, I am investigating officer of this matter. I didn’t just drop in for a bail application. I investigated this matter from April 2022 up to now.”
“I wrote my bail statement considering the whole docket that the state relied on to draught those charges you are talking about,” Masuku said.
Getting increasingly agitated, Masuku said the docket contained the detailed evidence against the accused, and said the counsel was being deliberately misleading with his questions.
Mkhwanazi and his co-accused’s bid for bail will continue with further cross-examinations.
Meanwhile the National Prosecuting Authority (NPA) in Limpopo has welcomed the judgment handed down by the Polokwane Magistrate’s Court denying bail to Tshwane Metro Police Department officer Peter ‘Gagash’ Nonyane and his wife, estate attorney Charlotte Tibana.