Meyiwa court case is dragging on for 10 years
Defence advocate Mngomenzulu told the court that accused number two, Bongani Ntanzi, was assaulted and ‘tubed’ by the police during interrogation by the police.
It will be 10 years this year since the illustrious national team goalkeeper Senzo Meyiwa was murdered under mysterious circumstances inside the home of popular singer and his girlfriend Kelly Khumalo in the suburb of Mzamo Acres in Vosloorus, on the evening of October 14, 2014.
The court trial to find Meyiwa’s killer or killers has already gone through a dismissed high court judge and has been going on in earnest for the past three years.
This was after five men were arrested by police investigators who have linked them to the murder of the former Bafana Bafana goalkeeper.
The second judge, a former Orlando Pirates striker Ratha Mokgoathleng, who was brought in from retirement to replace the then presiding Judge Tshifiwo Maumela on the trial, has managed to navigate the trial through the testimony of several high-profile state witnesses to the point of a “trial-within-a-trial”.
This followed arguments raised by the defence councils for the five about the admissibility of the statements and confessions made to the police by two of the five accused.
The defence for the five accused argued the five were threatened and assaulted by the police during interrogations.
Accused number one Muzi Sibiya, whose legal representative advocate Sipho Ramosipili told the court his client was slapped in the face, threatened, tortured and also suffocated with a plastic bag placed over his face.
His client was unable to breathe as the police assaulted him while his hands were tied behind his back.
Advocate Mngomezulu, for the defence further argued that accused number one has denied he pointed out any crime scenes to the police. Mngomezulu also denied the accused had voluntarily made or signed a statement implicating him in killing the goalkeeper and added the accused was in fact beaten and coerced to admit to killing Meyiwa.
However, in his closing summary, state prosecutor Baloyi told the court no conclusive evidence had been brought forward to confirm the accused were assaulted during interrogation by the police.
A senior police officer and Colonel in the SAPS, Colonel Mbotho, admitted he interrogated the accused. He, however, dismissed claims that he or any of the police working with him on the case were ever involved in assaulting the accused during the police interrogation.
Both Mbotho and Colonel Radebe, giving evidence for the State, admitted in court they had met with and interacted with the accused during interrogations. Both denied the accused had shown any signs of being assaulted either in their presence or where the accused had previously been detained in Villeria, Pretoria, or at the Diepkloof SAPS.
Mbotho, however, admitted that he did notice visible injuries on both Ntazi’s wrists and these were bruises caused by the tightening of handcuffs around his wrists.
Defence advocate Mngomenzulu told the court that accused number two, Bongani Ntanzi, was assaulted and ‘tubed’ by the police during interrogation by the police.
Baloyi dismissed that the accused were assaulted nor coerced with threats to submit their statements and confessions to the police.
“The statements and confessions were made voluntarily by the confessed,” said Baloyi in his submission.
The ruling by Mokgoathleng at the end of the “trial-with-a-trial” confirms the confession statements made and signed by the two accused, Musi Sibiya and Bongani Ntazi, will now be admitted as evidence in court.
Mokgkoathleng said in his closing remarks that after going through the evidence carefully, the court has reached the following conclusion that it rules that;
• The confession made by accused number one was made freely and voluntarily without coercion when he was in his sound and sober senses.
• The confession made by accused number two, taken by Magistrate Viljoen, was made freely and voluntarily without coercion when accused number two was in his sound and sober senses.
The court dismissed that both Sibiya and Ntanzi’s statements and confessions were made under duress and falsified by the police.
The ruling may return the trial to the court and there is optimism that Mokgoathleng’s ruling could even see the case take a different direction in the not-so-distant future.
