Bokgabo Poo case: Judge dismisses application to bring new witness

The acting judge in the case against Ntokozo Zikhali dismissed an application made by the State on August 4 to put into evidence the statement of a witness who was with the investigating officer when they fetched Zikhali at Boksburg North SAPS after his arrest in October.

Judge Ian Cox questioned why the State wanted to now present this statement since they closed their case on August 3.

“It is the court’s duty to see to it that justice is served in this matter – to all parties – and that the accused has a fair trial. Allowing the State to present this evidence will render the trial unfair for the accused.

“It is the court’s view that there is a potential prejudice to the accused in this matter. We had a case that was presented and a version, which might now be jeopardised if this evidence is permitted,” said Cox.

Zikhali is accused of murdering four-year-old Bokgabo Poo, whose mutilated body was found in a veld in Wattville after she went missing on October 10 while playing with a friend in Masoleng Park.

Before the application was denied, State Prosecutor Eric Sihlangu said he was of the view that it is important for Sergeant Sibuyani to testify in the trial-within-a-trial, meant to establish if the accused’s rights were taken into consideration when he was arrested.

Sihlangu said this was in the interest of justice and that the statement will not prejudice the accused.

Zikhali’s attorney, Advocate Anneke Van Wyk, objected to the application, saying that the statement will not change the contents of what transpired in court during the past few days.

“Why in all of these months was the statement not obtained?” she asked.

She said the State is now presenting new evidence to “fix its case” and this is now “a trial by ambush”.

Judgment
Deciding on the admissibility of a confession made by Zikhali during his arrest to Lieutenant Colonel Samuel Bronkhorst at Brakpan SAPS, Cox ruled that the confession was inadmissible.

This comes after Zikhali claimed that his confession was not made freely and voluntarily as he was allegedly assaulted by police, hence, a trial-within-a-trial was implemented.

Cox said the State failed to provide the court with sufficient evidence to prove that the confession made by the accused was made freely.

“It was the duty of the State to prove that Zikhali was not assaulted or influenced to confess,” said Cox.

Four witnesses have since taken the stand and Zikhali testified in his defence.

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