By Lehlohonolo Lehana.
The trial of the five men accused of killing Orlando Pirates goalkeeper Senzo Meyiwa resumed at the Gauteng High Court in Pretoria on Monday, 5 February.
On Friday, 2 February the last State witness in the trial within a trial which seeks to determine the admissibility of confessions made by two of the accused, testified in court.
Five men are on trial for the murder of Meyiwa who was shot at the home of his girlfriend and singer Kelly Khumalo on 26 October 2014. The men are Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli.
The men face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a licence, and possession of ammunition. They have all pleaded not guilty.
The trial-within-a-trial, which started in October 2022, has been taking place in order to determine the admissibility of confession statements, pointing out and warning statements by the accused.
The defence called accused one, Sibiya as its first witness to testify in a trial-within-a-trial in the Gauteng High Court in Pretoria.
A state witness, Sergeant Bathobakae Mogola, previously testified that Sibiya was allegedly on the verge of confessing to Meyiwa’s murder a few hours after his arrest near his residence in Tembisa.
However, the defence claimed he was assaulted by the police to a point where he “messed himself”.
Giving his evidence in IsiZulu on Monday, Sibiya told the court he was first arrested in March 2019 and subsequently charged with dealing in drugs although he was never taken to court.
“I never attended court. I was never furnished with a reason, I was only informed that I can go home,” he said.
Asked by his attorney Thulani Mngomezulu to describe the events of his second arrest, Sibiya indicated that armed police arrived in Tembisa and ordered him to lie down.
According to Sibiya’s version of events, three police officers took him to his place of residence to find his uncle because he had the keys to the shack, but when they did not find the relative they took him to Lethabong.
The accused testified on Monday that his rights and the reason why he was under arrest were not explained to him as they proceeded to his place and then to Lethabong, where he was questioned about Meyiwa’s killing.
“[A police officer] said I should not take them for fools. That’s when I said I knew nothing about Senzo’s death and they tripped me and I fell. As I was on the ground, [the police] kicked me and [another] took a plastic and put it around my face.
“They kept asking me as to what is it I knew about Senzo’s death. I said I don’t know anything. As they continued with the plastic that’s when I urinated on myself,” he explained.
Sibiya said they then went back his shack – where unlicensed live rounds of ammunition were found according to the police – to change his wet pants and later to Vosloorus.
“Upon arrival there, I was asked again are you still denying that you don’t know anything about Senzo’s death. I informed them I knew nothing.”
The suspect disputed Mogola’s evidence that he wanted to confess.
“There is nothing I admitted to.”
Sibiya also denied making any confession statement.
It was previously heard in court that retired Colonel Mhlanganyelwa Moses Mbotho took down his statement at the Diepkloof Police Station.
Sibiya testified that he was assaulted at the police station before Mbotho showed up and asked him questions about Meyiwa’s killing in the presence of the officers who beat him up.
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Video Courtesy of ENCA.