Defence accuses police and witnesses of colluding on date of coffin assault

The defence in the #coffinassault trial on Monday accused the police and witnesses of colluding on the date on which the incident occurred‚ implying that the case had been discussed before statements were taken.

Advocate Wayne Gibbs grilled state witness Lonea Mlotshwa‚ the mother of the victim who was placed in a coffin‚ about the incident captured on camera last year.

Gibbs was cross examining Mlotshwa in the high court sitting in the Middelburg Magistrate's Court. Earlier‚ Mlotshwa told the court that she had sent her son‚ Victor Mlotshwa‚ to town to buy some merchandise which she sells in Blinkpan in Middleburg.

“I put it to you that there was an agreement between the witnesses and‚ in all probabilities‚ with the police involved who all agreed on a date... You all told the same story about the date‚” Gibbs said.

This was after Mlotshwa also told the court that she did not remember the date of the incident. The defence for both accused has previously told the court that the incident occurred on September 7.

“It seems to me as if the witnesses had either discussed the matter and decided on the same date or there is a possibility that the police told the witnesses what to say‚” Gibbs said.

Willem Oosthuizen and Theo Martins Jackson are accused of assaulting and forcing Mlothswa into a coffin. Though the duo pleaded not guilty to all seven charges against them‚ they admitted to placing Mlothswa in the coffin but said this had been done to scare him.

They claimed that they found Victor in possession of suspected stolen copper cables and apprehended him. In their plea affidavits‚ they said Victor had threatened to kill them‚ their wives and children.

They face charges of attempted murder‚ assault with intent to cause grievous bodily harm‚ kidnapping and defeating the ends of justice‚ among others.

Mlotshwa said the victim may know exactly when the incident occurred but she did not. Her statement‚ which was handed in as an exhibit‚ states that she told police that the incident happened on August 17.

Gibbs said another victim‚ Delton Sithole‚ who was allegedly assaulted by the accused‚ had testified that the incident happed on August 17 last year.

Another witness‚ Eldos Mashele‚ who gave a statement‚ said her son also mentioned the same date. In her testimony‚ Mlotshwa said she did not recall on which date or day the incident occurred. When Gibbs read out her statement to her‚ she said she was estimating that the incident occurred on August 17.

She said her son was in possession of R2‚000 and a list of things she needed him to buy for her but returned in the early afternoon with a bruised eye‚ dirty clothes and a swollen “red mark” on his chest.

“He told me that he was threatened and that if he reported the matter to the police‚ they would go looking for him‚” she said.

Mlotshwa said the incident was reported to the police only after a relative saw footage of the incident on social media. She said at the time‚ her son did not report the incident because there was no witness to the case.

The trial continues.