Two different post-mortems were performed on Doctor Masilela, which may have come to different conclusions, alleges the defence attorney of two men accused of killing Masilela on Stompiesfontein farm in Mpumalanga.
Garry Wiblin and Dennis Grose are accused of shooting Masilela before removing his body from the scene and dumping it under a bridge.
During their bail application in the Delmas Regional Court last week, defence attorney Christo van As made an application to the court requesting the post-mortem results, as well as phone records and witness statements.
The defence’s argument for the documentation arose from the fact that cellphone records and witness statements were being used during cross-examination by the State.
“[The State] is using cellphone records to try [to] attack and destroy my clients’ credibility,” Van As told the court.
Advocate Themba Lusenga, for the State, opposed the application, citing the requested information could not be given to the defence as the investigation was still at a sensitive stage.
Lusenga said Wiblin and Grose could not be trusted as they were accused of interfering with the crime scene and even trying to create another crime scene by moving Masilela’s body.
Magistrate Jongilizwe Dumehleli found in favour of the defence and ordered all cellphone records and witness statements implicating the two men in the murder of Masilela on June 17 be handed over.
The pair, who are part of the Rural Safety Corps that works with the local community policing forum, were called out to the farm, where people were allegedly stealing beans and mielies.
Wiblin testified that a man named Andre Strauss had called him and told him to bring his thermal imaging camera, which can detect heat signals at night.
When he arrived, he found Masilela on the back of a bakkie. He claimed Masilela was later beaten by Dawie Lecordeur who manages the farm.
Wiblin alleged that Lecordeur, Strauss and another farmer had entered the field and found another man.
During this time, Wiblin claimed, Masilela had run away. However, the State contended Wiblin had shot Masilela between the eyes before his body was dumped under a bridge.
News24 previously reported Lecordeur had turned State witness and that the charges against him had been dropped.
It was reported that Lecordeur had admitted to knocking down Masilela with a bakkie.
Wiblin and Grose are facing charges of assault with intent to do grievous bodily harm, murder, violation of a corpse, and defeating the ends of justice.
Their bail application is expected to continue on Wednesday.