Former North West deputy provincial commissioner Major General William Mpembe, left, and three other policemen appeared in North West court in 2018 for Marikana shooting incident. Photo: ANA
The evidence of a police officer who compiled forensic evidence and photographs of the scene where chaos erupted at Lonmin K3 shaft in Marikana – three days before the infamous massacre in August 2012 – has been under scrutiny from the defence for three days.
Lieutenant-Colonel Moses Mushwana, attached to the Local Crime Records Centre (LCRC), has been in the witness stand since Monday.
He was a captain at the time and collected forensic evidence, took photographs and drew the sketch plan of the crime scene.
Mushwana is the state witness in the so-called Marikana trial, in which former North West deputy police commissioner Major-General William Mpembe and five other police officers stand accused.
Mpembe is on trial alongside retired Colonel Salmon Vermaak, Constable Nkosana Mguye and Warrant Officers Katlego Sekgweleya, Masilo Mogale and Khazamola Makhubela.
During his examination by the State’s prosecutor, advocate Kenneth Mashile, Mushwana told the court sitting before Judge Tebogo Djadje that he attended two scenes on 13 August following the horrific events.
Mushwana testified that he took blood swabs from a knobkerrie and a self-made spear . He also collected cartridge cases from firearms and prepared sketch plans.
Mushwana said he registered all the evidence he got on the scene the following day, 14 August 2012. The exhibits were then sent to the forensic science laboratory in Pretoria on 28 August 2012, the officer told the court.
What has he been questioned on by the defence?
Mushwana has been grilled by two of the accused’s lawyers – advocate Jan Ellis, for Mpembe, and Vermaak’s, Kobus Burger.
Photos
The lack of photographs of the weapons came under fire by Ellis, who noted that it was disappointing for an officer, with 27 years’ experience in the police force and 22 years at LCRC, to had not taken proper pictures.
The officer, who was a captain at the time of the August 2012 incidents at the mine, blamed the lack of visible pictures on the battery of the camera he had been using.
CAS numbering
Mpembe’s lawyer, Ellis, has also questioned the witness on the Crime Administration System (CAS) numbering of the exhibits from the scene the officer had sent through to the laboratory.
One of the CAS numbers read 117/8/2012 when it was supposed to read 116/8/2012. The witness testified that he had noted the mistake after he had sent through to the exhibits.
Integrity of crime scenes
Burger put it to the witness that the integrity of his crime scene may have been compromised because in the album submitted to the court as evidence of the events of the day, people were seen walking around an area which was supposed to be cordoned off.
Mushwana testified that he could not fully cordon off the scenes he worked on because the area was “huge”. He also could not recognise seven individuals who were in one of the pictures.
Sketch plan marking
Mushwana’s sketch plan has also been scrutinised by Burger, who said it was out of scale.
Burger also questioned the witness as to whether his sketch was fully drawn on 13 August, as it read.
The lawyer questioned this because the sketch had aspects which the officer found on the scene during his revisit to the location, almost two months later, on 9 October, when he found additional cartridge cases from firearms.
Clarifying the date on the sketch, Mushwana said: “The truth is, it (the sketch plan) was not drawn on 13 August 2012, but according to our LCRC procedure, the date must be the same date on which you attended the crime scene (on the initial day of crime).”
Burger also quizzed Mushwana about the measurements of his sketch and the fact that it did not have a fixed point.
In defence, the officer said his fixed point was the shack where a body was found outside.
Widows want justice
The widows of the mineworkers, who died during that week, were also present in court on Tuesday and Wednesday to see justice prevail .
Speaking on behalf of the widows, Nandipha Gunuza said they were in court to monitor how proceedings were going.
Gunuza, who is the wife of Bonginkosi Yona, who died during the massacre, said they would never find peace until the cops who killed their husbands were behind bars.
The trial continues on Thursday, and Burger is expected to conclude his cross-examination.
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