Senzo Meyiwa trial: Accused ‘did not sleep’ before making confession, says defence

The defence in the Senzo Meyiwa murder trial has continued to poke holes in a police officer’s evidence of an accused’s alleged confession.

The cross-examination of Colonel Moholo Solomon Raphadu concluded in the Gauteng High Court in Pretoria on Friday.

A trial-within-a-trial is taking place to determine the admissibility of confession statements, pointing out and warning statements by all five accused men in the main trial.

Two confessions

The state previously indicate accused number two Bongani Ntanzi confessed to his alleged involvement in Meyiwa’s murder for the first time to a police officer on 19 June 2020.

His second confession was made before a magistrate five days later on 24 June.

Both confessions are being disputed by the defence, who claim the statements were not done freely and voluntarily.

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Raphadu testified, in his evidence-in-chief, he took Ntanzi’s first confession at Moroka Police Station in Soweto.

He told the court he introduced himself as a justice of the peace officer and showed Ntanzi his appointment certificate before commencing to read the suspect his rights as contained in a pro forma.

According to the police officer, Ntanzi appeared sober and wanted to proceed in making a statement without any legal representative.

Occurrence book

During Friday’s court proceedings, Advocate Zandile Mshololo took Raphadu through the occurrence book which contained the details of Ntanzi’s detention.

The book entry revealed Ntanzi was booked out of his cell on 18 June 2020 at 08:15 am and was returned to his cell on Friday 19 June at 02:30 am.

The entry further showed Ntanzi was charged for murder relating to a case in Nongoma at 02:35 am “without any complaints or visible injuries”.

The suspect was booked out again at 04:50 am.

Mshololo said the sequence of events raised questions about the state of Ntanzi before he took his confession.

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“In other words, it means this person did not sleep according to the entries as I was following them because he is booked back in at 02:30 am and then at 04:50 am he is booked out to court.

“I know from your evidence that before he went to court at 07:30 am he was taken to you and according to the defence counsel that is when accused number two was being assaulted,” the advocate said.

Raphadu, in his response, said the suspect should have informed him about the assault “if it really took place”.

“In fairness, do you think the accused would have reported the assault by other police to someone who has introduced himself as a senior police officer?” Mshololo asked.

But the witness said his introduction to Ntanzi was not “a threat” and disagreed that it induced fear in the accused.

“I said it diplomatically so that he understood,” Raphadu replied.

Watch the trial below:

The defence has claimed that Ntanzi was “tubed, tortured and assaulted” into either making or signing the confession documents about Meyiwa’s murder.

But Raphadu disputed the allegations, saying Ntanzi voluntarily confessed, since he signed and made a thumb print on the pro forma and the actual statement.

Ntanzi identified as intruder

Ntanzi is one of five men on trial for Meyiwa’s murder.

The suspect has already been pointed out by at least two witnesses as one of the armed intruders, who entered the Khumalo household in Vosloorus on 26 October 2014.

All five men have pleaded not guilty to the former Orlando Pirates goalkeeper’s killing.

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