Court hears from murder accused

Earnest Mashu and Thabo Makgothu, the two men accused of killing Edenvale residents, Mr Philip Jackson and Mr Dillyn Elsley, took to the witness stand last week.

The two men have pleaded not guilty in the Germiston Regional Court to two charges of murder and one charge of robbery.

The duo could face prison sentences of up to 25 years, if found guilty.

On Monday and Wednesday last week the two men relayed varied versions of the events they claim took place on the night.

The two childhood friends testified that they left Soweto to commit smash-and-grab crimes in other areas.

Mashu, accused number one, was the first to testify and according to him, he knows nothing of the murders.

“I do not even know them,” he told the court.

He told the court that he and accused number two left Soweto on the day to commit crimes on “Gordon Highway”.

They managed to take a white handbag on Gordon Road.

They then drove on the N1 towards the N3 split after Rivonia road.

“It was raining and accused number two (who was driving the vehicle) lost control and hit a pavement,” Mashu said.

He said the two got out the vehicle to push it off the road and call accused number two’s cousin, Billy, to tow them home.

Mashu testified that at first he (Billy) refused and accused number two had to call his sister to convince Billy that the car needed to be towed.

Eventually he agreed and said he would meet at a place he knows, Greenstone Shopping Centre.

The two then drove to Greenstone where they parked.

They were approached by security guards from 24/7 Security who asked what the problem was and after explaining about the accident one of the security guards gave the men his cellular phone number to call if they had any further problems.

Mashu then told the court that after the guards had left they were approached by police officers from Edenvale.

“They asked us if they could search our vehicle and we agreed. They told us they were looking for two suspects for house break-in,” Mashu said.

He then testified that they were handcuffed and placed in the back of a police van and taken to an unknown location where police officers took photographs of them.

One of the officers then asked if Mashu was able to identify the area where the accident took place and he agreed that he could.

“On the way the officer was driving fast and I could not see where the accident happened,” he said.

According to his testimony he then asked the officer to bring him back the next day but he was not taken back.

According to him the lights and bumper of the car were damaged.

“When we arrived at the police station I was assaulted by police officers. They used fists and put a plastic bag over my face. I did not see accused number two until the following day,” he said.

He said that at the identity parade he was told he could have legal representation but he did not know the name of his legal representative.

“I did not know why I was there,” Mashu said.

He also told the court that on the day of the identity parade he did not have a belt and one of the police officers who escorted him to Lyttelton Police Station lent him one.

During cross questioning by State Prosecutor, Ntulikazi Mbobo, Mashu admitted that it was not the first time the two had committed smash-and-grab crimes and that they usually committed these in Gordon Road and in Edenvale. He confirmed that it was his way of making a living,

“So it was your intention to only come to Edenvale to commit crime?” Ms Mbobo said and Mashu replied that she was correct.

She then asked Mashu to explain why the two had moved the car from the accident scene and he said that it was dark and they were frightened.

“Earlier you testified that Greenstone was the only place Billy knew. Is this correct?” she asked him in an attempt to clarify how they ended up at Greenstone. He declined to answer the question.

She then questioned why neither of the accused called the security guard when the SAPS arrived to verify their story and he replied: “It happened very quickly,” Mashu said.

Ms Mbobo asked why the Edenvale SAPS officers would tell the two men that they were looking for two suspects when there were three.

“I do not know,” Mashu said.

She then asked Mashu if he knew why Billy refused to help them the first time they called and he replied that he did not.

“Does Billy know accused number two lives on committing crimes?” she asked and Mashu replied that he did not.

“How do you know?” she said to which he replied that he could not answer for Billy, regarding accused number two.

When she questioned his injuries he said they were sustained during the smash-and-grab earlier that evening.

“I put it to you that you sustained those injuries while fighting with the deceased,” she said.

State witnesses, Stacey and Janet Jackson, both testified that they saw the accused fighting with Mr Jackson and Mr Elsley.

Ms Mbobo questioned why Mashu had not told his attorney that he asked the police officer driving him to the accident scene to come back the next day.

“Throughout this trial you have been in consultation with your legal representation. Your legal representation is always asking the court to grant time for him to confer with you. It did not happen that is why you forgot to mention it,” Ms Mbobo said.

“I do not know which attorney you are referring to,” Mashu said.

She also said that the police officer who took him to the accident scene was not in a hurry on the night.

“If he was he would have taken the two of you together but they took you one by one,” Ms Mbobo said.

She also asked why the two needed to call Billy to tow the car when they were able to drive the vehicle to Greenstone.

“The lights were not working and the bumper was off,” he replied.

When Ms Mbobo asked Mashu what he had been assaulted with at the police station, he said officers used torches and the police cell key and they also put a plastic bag over his head. Ms Mbobo asked Mashu if he mentioned this assault to his attorney, he replied that he had.

“Did your attorney not approach you to make sure that all issues were adequately addressed before closing off questions to this particular witness?” Magistrate Hasani Mashimbye asked Mashu.

He replied that he would not accept the question from the magistrate.

Ms Mbobo said Mashu also did not lay a charge against the officers who allegedly assaulted him because it did not happen.

She then presented Mashu with photographs taken during the identity parade and asked whether he noticed that everyone in the line was wearing a belt.

He replied that he only saw two people wearing belts and Ms Mbobo instructed him to look carefully.

He then agreed that everyone in the identity parade was wearing a belt.

Magistrate Mashimbye then asked Mashu to explain to him what a smash-and-grab was and he did.

“Are you telling this court that on February 23, 2011 you embarked on this action of smash-and-grab,” Magistrate Mashimbye asked and Mashu replied that he did.

Accused number two, Thabo Makgotu was next to take to the witness stand.

He testified that the accident took place after Rivonia Road and they drove the damaged vehicle past Malboro and London roads before taking the Edenvale off ramp. In Edenvale the traffic lights were not working and the car cut out.

“The two of us then got out and pushed the vehicle to Greenstone and parked it at what looked like a bus stop,” Makgothu said.

According to his testimony, the officers who approached the two asked if they could take them to the police station for verification; if they were not the suspects they were looking for, they would be released.

He said when other officers arrived, they were told if they run they will be shot.

“We were then taken to an unknown place where there were many police officers. After the officers took photographs of us they went into the house. They came out three to five minutes later followed by two women who were crying,” Makgothu said.

He said that when he was taken to point out where the accident took place officers refused to drive to Rivonia Road and instead told him that they could not have driven the badly damaged car so far.

According to him, he and accused number one were placed in the same police cell that night.

He told the court that at the police station he was taken to a small kitchen type room where he was questioned about a gun and a third suspect.

“After torturing me, the officers washed me down with a fire extinguisher and took me to another holding cell. I did not see accused number one after that,” Makgothu said.

He said that the next morning he was again assaulted and questioned about a third suspect and a gun.

“At the identity parade we had no shoe laces and accused number one did not have a belt,” he said.

He added that during the time of the parade he could hear police officers talking to witnesses.

“Witnesses were told to take their time in pointing out the accused,” he said.

Makgothu confirmed that one witness identified accused number one only, while the other identified him and accused number one.

The trial was postponed for the cross questioning of Makgothu and further evidence by the defence.

Magistrate Mashimbye set aside August 12 and 13 for continuation.