The defence has accused a police officer of misleading the court regarding her evidence on the arrest of the two accused in connection with the murder of soccer star Senzo Meyiwa.
Sergeant Bathobakae Mogola was part of the investigating unit that was tasked with solving the murder case of Meyiwa.
She was under cross-examination in a trial-within-a-trial in the Gauteng High Court, Pretoria, on Tuesday.
On Monday, she told the court about events that unfolded when they arrested accused number one, Muzikawukhulelwa Sibiya.
Sibiya and accused number two, Bongani Ntanzi, claim that they have been assaulted, tortured, and electrocuted by police officers to confess to Meyiwa’s murder.
The trial-within-a-trial is being heard to determine whether the confessions made by the two accused were made under duress or willingly.
On Tuesday, Sibiya’s legal representative, advocate Thulani Mngomezulu, asked Mogola to provide the address where Sibiya was staying in Thembisa.
Mogola said the address they had was 818, Vusumuzi section in Thembisa.
“You are misleading the court; the address accused number one was staying at is 1818, not 818,” Mngomezulu said.
Mogola replied, “Well, that’s the address he gave us, and even when I went there, there was 818 written on the wall, so I know that the address exists,” she said.
Mogola said they never found Sibiya at the address; this was for a drug-related charge.
“It’s a pity Mabena is no longer here; he would have also testified about this because he also went there,” she said.
Sergeant Steven Mabena was part of the investigation and died after a car accident.
Mngomezulu and Mogola went back and forth regarding the house address until Judge Ratha Mokgoatlheng stepped in and told Mngomezulu to leave the matter for argument.
Earlier, Mngomezulu put it to Mogola that both his clients were unlawfully arrested and severely assaulted to make confessions.
Mogola denied the allegations.
According to Mogola, Sibiya confessed willingly and admitted to the crime on the day he was arrested.
Mogola also denied calling Ntanzi and offering him a job a week prior to his arrest.
“I have never called the accused. What would even be the reason for me to call the accused because I was never instructed to call him? I would have been charged with defeating the ends of justice because he would have gone into hiding and would not be sitting where he is sitting today,” she said.
Mogola will continue with her testimony on Wednesday.
IOL