The two are accused of murdering Edenvale residents, Mr Philip Jackson and Mr Dillyn Elsley, on February 23, 2011, at the Jackson family’s Sixth Avenue house.
The trial, which was set aside for two days last week, was postponed to Friday after the stenographer’s equipment failed during proceedings.
Two witnesses for the defence were also not present in court and, to add to the delays, the state requested that it could re-open its case against the accused for the Magistrate to conduct a site visit and for two further witnesses to be called from the state’s side.
On July 22 and 24, Mashu and Makgothu told the court their versions of the events from the evening of February 23, 2011.
On Monday and Tuesday last week, the cross examination of Makgothu took place.
During the proceedings, he continually denied his involvement in the matter, stating he had nothing to do with the murder of Mr Jackson and Mr Elsley.
Makgothu denied he had committed smash-and-grab crimes for a living, but that he had committed the crime on the day because he and Mashu needed money.
Makgothu admitted that he had had a previous conviction for a similar offence, and said during the smash and grab the two took a white handbag which contained women’s products and papers.
When they found nothing of value in the bag, they threw the bag into the back of the car where it was found by Lieutenant Colonel Robbie Roberts, when the car was searched the following day.
In the bag, Lt Col Roberts found a statement belonging to a woman. She was contacted and confirmed that she had been the victim of a smash-and-grab, but in October 2010.
Makgothu, who claimed he was assaulted by members of the Edenvale SAPS the night of the murders as well as the following morning, was asked why no charges were laid against the officers involved.
He was also asked why he had not told his attorney and witnesses about the assaults when they were on the witness stand.
Makgothu said he did tell his attorney, “But not necessarily my current attorney”.
“Mr Du Plooy did your trial, he consulted with you throughout the trial, why did you not tell him,” asked Ms Mbobo, for the prosecution.
“I was under the impression what I said in Regional Court One was taken over to this court,” replied Makgothu.
“When your attorney was putting your version of events to the witness (Lt Col Roberts), why did you not tell him about this assault?”
“It did not occur to me (that) this aspect was so important,” was Makgothu’s reply.
Ms Mbobo then suggested that perhaps he did not think it important because it had never happened.
Ms Mbobo turned her questions to the accident the two claimed to have been involved in, and asked Makgothu whether he was acquainted with the rules of the road. He replied that he was.
“Then you should have known if you, as the driver, are involved in an accident, you are not allowed to leave the scene of the accident without the permission of the police,” she said.
He replied that since the accident took place on the freeway, they were afraid.
Regional Court Magistrate Hasani Mashimbye, asked Makgothu what he was afraid of and he replied the place was open and it was dark.
“When Captain Pangisa asked you to move the motor vehicle you said the damage was such that the motor vehicle could not move,” Ms Mbobo said.
Makgothu said he would like for the investigating officer to present photographs of the car to the court.
He said he noticed the radiator was leaking when he examined the vehicle after the accident.
“Did you tell the security and the SAPS about the radiator?” Ms Mbobo asked.
He replied that he had only told them about the accident.
“You are not telling this court the truth. You testified that the only time you saw the damage was when police officers arrived,” said Ms Mbobo.
She added that in his testimony, Makgothu claimed that police officers had washed him down to remove any blood from the assault.
“Why was this not put to the witnesses?”
Makgothu replied that he, again, did not think it was important.
“You said the injuries you sustained that night were from the earlier smash-and-grab, but there was no blood in the car,” Ms Mbobo said.
“From where the smash-and-grab took place, we had to run to get back to the car,” was Makgothu’s answer.
“Your injuries were sustained when you struggled with the deceased,” was Ms Mbobo’s rebuttal.
“When the car was searched, there was no weapon used in a smash-and-grab found in the car,” Ms Mbobo said.
“When you commit a smash-and-grab you throw a spark plug at the window and do not carry it with you afterwards,” he replied.
She told him the reason no weapons were found in the car was because they were disposed of before the police officers arrived so the two could not be linked to any other incident.
“Yes, there was nothing in the car that could link us to the incident,” Makgothu said.
Magistrate Mashimbye asked Makgothu how often he visited Edenvale and Greenstone and he replied that they were acquainted with Edenvale and visited Greenstone on isolated occasions.
“After committing the smash-and-grab you drove past many off ramps. Could these not have taken you back to Soweto?” Magistrate Mashimbye said.
“I am not a licenced driver. Certain off ramps are manned by metro police,” was Makgothu’s reply.
“Are you saying that the highways do not provide for metro police?” asked the Magistrate.
“They (metro police) will not stop us on the highways. They will stop us on the off ramps,” he said.
“You do not think I am a driver?” queried Magistrate Mashimbye sarcastically.
When asked to estimate the distance the two drove without lights after the accident, Makgothu told the court it was from Germiston to Cleveland.
When he again could not estimate the distance the two had driven, Magistrate Mashimbye asked Makgothu whether he had been to school and if he knew what a kilometre was.
He replied that he had been to school and knew what a kilometre was.
“Cleveland is not a point, it is an area,” said Magistrate Mashimbye and Makgothu replied that he meant the Cleveland off ramp.
“I know that. Estimate the distance you travelled,” requested Magistrate Mashimbye yet again.
Makgothu again could not estimate the distance and Magistrate Mashimbye suggested a site visit take place.
Ms Mbobo said that during his testimony, Makgothu said he had parked near McDonalds.
“Yes, in front of McDonalds, opposite Greenstone,” he said.
“At the time there was no McDonalds. It only opened on June 3, 2011,” Ms Mbobo said.
“This is what is known to me. There was a food area and a McDonalds board,” he said.
The court was set to embark on a site visit to the area on Friday.
At the time of going to print, a further date for the trial had not yet been set.
