Marikana trial: Defence questions State witness on observations of crime scenes

CAS numbering and cartridge case findings were in question at the North West High Court in Mahikeng on Tuesday during cross-examination by the defence in the ongoing murder trial of former North West deputy police commissioner Major-General William Mpembe and five other cops.

Defence lawyers painstakingly and technically questioned the State’s witness, Lieutenant-Colonel Moses Mushwana, on certain aspects and observations of the crime scenes he attended following horrific scenes at the Lonmin K3 shaft in Marikana on 13 August 2012, three days before the infamous massacre.

Mpembe stands accused, alongside retired Colonel Salmon Vermaak, Constable Nkosana Mguye and Warrant Officers Katlego Sekgweleya, Masilo Mogale and Khazamola Makhubela, for events that took place at the mine.

News24 also reported that Mpembe faces four counts of murder and five of attempted murder.

The former deputy commissioner and Vermaak also face charges of defeating the ends of justice and another of giving false information under oath before the Farlam Commission of Inquiry into the Marikana massacre between 2013 and 2014.

Mpembe and his co-accused have pleaded not guilty to the charges.

In wrapping up his cross-examination, Mpembe’s lawyer, Jan Ellis, asked why Mushwana had not rectified a mistake in the numbering of the Crime Administration System (CAS) of the crime scenes.

Asked to give the CAS numbers of scene one and two, Mushwana said, “the first scene was Marikana CAS 115/8/2012 and the CAS for the second scene is 116/8/2012”.

Advocate Ellis replied: “If you look in column two, it’s CAS number 117; now we know from the evidence so far that is the scene at the bottom the river… So in your handwriting, you wrote 117, is that correct?”

Mushwana explained the reason for the numbering blunder was that, when he arrived at the police station to register the evidence, he was given “117” as the CAS number for the second scene, instead of 116.

When Ellis asked that the officer must have realised the mistake soon after, he replied that he only noticed it after sending through the exhibits.

News24 reported Mushwana testified the exhibits he collected from the scenes were not tampered with, and that he sent it to the Forensic Science Laboratory (FSL) in Pretoria on 28 August 2012.

He also informed the court that he revisited the two crime scenes – on 14 August and 9 October 2012.

Mushwana said, on the 9 October visit, he discovered three more cartridge cases, which he also registered at the station.

Moving forward with his cross-examination, Ellis also asked whether Mushwana had revisited the two crime scenes on any other occasion after 14 August and 9 October.

He replied that he went again, four years later, on 3 March 2016, at the request of the Independent Police Investigative Directorate (IPID).

Mushwana said, on arrival at the scene, certain aspects were showed to him by an officer from IPID, and he also made observations.

He told the court that “holes” from a shack were showed to him – and that, from his observation, it looked like holes made from “nails”.

Ellis asked why Mushwana had not mentioned the 3 March 2016 visit to the crime scenes during his evidence in chief.

“I was answering questions asked [by the State prosecutor],” Mushwana replied.

In closing, on the question of the photographs, Ellis asked whether Mushwana agreed that he had enough time to return to the scene following 13 August 2012, to take better pictures of the weapons – and the witness agreed.

Vermaak’s lawyer, advocate K Burger, asked Mushwana about the cone setting and cartridge case findings at the crime scenes he attended on 13 and 14 August 2012.

Burger also asked Mushwana about the use of a metal detector when he was searching for cartridge cases.

The officer explained that, when he was searching for cartridges, he was using his eyes and did not rely on the metal detector.

“Lieutenant-Colonel, I am putting it to you, that your answer doesn’t make sense,” Burger said.

In reply, Mushwana said: “According to me, it’s possible [to look for cartridges using the eyes], because I was focusing on the whole area, not only where I collected the cartridge cases.”

The court’s gallery was filled with family members of the fallen mineworkers.

The families refused to speak to the media, saying they would do so at a later stage during the trial.

The trial continues.

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