The Pretoria high court sitting in Benoni on Friday ruled that a confession made by Bokgabo Poo’s alleged murderer is not admissible as a proper procedure was not followed to obtain it.
Judge Ian Cox made the ruling after the matter was argued on Thursday in a trial-within-a-trial to determine whether the confession made by Ntokozo Zikhali was admissible after he alleged he was assaulted and forced into making it.
Zikhali is accused of kidnapping, raping and killing four-year-old Bokgabo and violating her corpse in Wattville, Benoni, in October 2022. He has pleaded not guilty
On Thursday, the court also ruled out evidence regarding the pointing out of body parts where Zikhali gave the police four wrong addresses.
Lt-Col Samuel Bronkhorst, from the Daveyton police, testified on Thursday he was the officer who took down the confession and detailed the procedure followed.
“He was sober, calm and seemed sad. He wasn’t scared but you could see something was wrong. He knew he was arrested for kidnapping. I asked him whether he wants to speak to a lawyer and he said no.
“I asked him if he was influenced to make the confession, made any promises in return. He said he wanted to make the statement,” Bronkhorst said.
Bronkhorst said he first asked Zikhali if he had any injuries and the accused said no, but later during the confession he said he did.
“I asked if he wanted to open a case against those who assaulted him and he said no,” said Bronkhorst.
The state could not prove how the confession came about and whether it was made voluntarily by the accused.
While Zikhali was in the dock, Poo’s father, Irvin Khoza, shouted from the public gallery: “Tell them you killed her, tell them.”
The defence argued that when the accused mentioned he had been assaulted, the officer should have stopped taking his confession. That he had injuries should have indicated that he was not making the statement voluntarily.
“I told him I was here for suspected kidnapping and not murder. I don’t know about the murder charge.
“I informed him about my body being sore. He didn’t ask me how I was assaulted. I continued with the confession because of the pressure that was on me, I was scared, Zikhali said.
The state was adamant that Zikhali made the statement voluntarily and that he was not assaulted by any police officer. However, the court ruled that the confession cannot be admitted.
TimesLIVE
Confession by Bokgabo Poo's alleged murderer ruled inadmissible
Image: Ziphozonke Lushaba
The Pretoria high court sitting in Benoni on Friday ruled that a confession made by Bokgabo Poo’s alleged murderer is not admissible as a proper procedure was not followed to obtain it.
Judge Ian Cox made the ruling after the matter was argued on Thursday in a trial-within-a-trial to determine whether the confession made by Ntokozo Zikhali was admissible after he alleged he was assaulted and forced into making it.
Zikhali is accused of kidnapping, raping and killing four-year-old Bokgabo and violating her corpse in Wattville, Benoni, in October 2022. He has pleaded not guilty
On Thursday, the court also ruled out evidence regarding the pointing out of body parts where Zikhali gave the police four wrong addresses.
Lt-Col Samuel Bronkhorst, from the Daveyton police, testified on Thursday he was the officer who took down the confession and detailed the procedure followed.
“He was sober, calm and seemed sad. He wasn’t scared but you could see something was wrong. He knew he was arrested for kidnapping. I asked him whether he wants to speak to a lawyer and he said no.
“I asked him if he was influenced to make the confession, made any promises in return. He said he wanted to make the statement,” Bronkhorst said.
Bronkhorst said he first asked Zikhali if he had any injuries and the accused said no, but later during the confession he said he did.
“I asked if he wanted to open a case against those who assaulted him and he said no,” said Bronkhorst.
The state could not prove how the confession came about and whether it was made voluntarily by the accused.
While Zikhali was in the dock, Poo’s father, Irvin Khoza, shouted from the public gallery: “Tell them you killed her, tell them.”
The defence argued that when the accused mentioned he had been assaulted, the officer should have stopped taking his confession. That he had injuries should have indicated that he was not making the statement voluntarily.
“I told him I was here for suspected kidnapping and not murder. I don’t know about the murder charge.
“I informed him about my body being sore. He didn’t ask me how I was assaulted. I continued with the confession because of the pressure that was on me, I was scared, Zikhali said.
The state was adamant that Zikhali made the statement voluntarily and that he was not assaulted by any police officer. However, the court ruled that the confession cannot be admitted.
TimesLIVE
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