Cop denies assaulting Dewani murder accused

18 September 2012 - 14:21 By Sapa
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Xolile Mngeni in the dock at the Cape Town High Court yesterday at the beginning of his trial for the 2010 murder of honeymoon bride Anni Dewani Picture: HALDEN KROG
Xolile Mngeni in the dock at the Cape Town High Court yesterday at the beginning of his trial for the 2010 murder of honeymoon bride Anni Dewani Picture: HALDEN KROG

A man on trial for Anni Dewani's murder was never assaulted or threatened in a police building basement, the Western Cape High Court heard on Tuesday.

Constable Zamikaya Mbali denied manhandling Xolile Mngeni shortly after his arrest on November 16, 2010.

He said Mngeni and three others were transported from C-Section, Khayelitsha, to the Directorate for Priority Crime Investigation building in Bellville.

The group was then taken directly to an office on the fourth floor, Mbali said.

Mngeni has pleaded not guilty to hijacking, robbing and killing Dewani in Gugulethu on November 13, 2010. She was on honeymoon with her husband Shrien at the time.

The defence claimed Mbali and "a group of policemen" tortured Mngeni into making a statement.

The court is hearing a trial-within-a-trial to decide whether this "confession" can be admitted as evidence.

Qalisile Dayimani, for Mngeni, alleged that only three people were taken to the fourth floor.

He claimed Mngeni was handcuffed to a chair in the basement, where Mbali apparently slammed his testicles into a desk drawer and tried to suffocate him by placing an evidence bag over his head.

Mbali replied: "I never witnessed that my Lord."

Dayimani said he had been instructed that Mngeni was forced to admit to the crime and to make a confession.

"This interrogation and assault lasted for two hours," the lawyer said.

Mbali denied this.

Mngeni was taken from the Bellville office to Khayelitsha, to show policemen where his accomplice "Mawewe" was.

When this search was unsuccessful, the group returned to Bellville.

The defence claimed that Mbali tortured Mngeni again on their return, but the police officer said this was not possible.

He had not gone back to the office but went straight home instead, because he was "exhausted".

Asked to clarify, he said he had been on duty from November 14 to November 16.

Mbali was allowed to leave the stand.

The next witness was expected to testify on the "pointing-out" by Mngeni on November 17.

The trial continues.

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