Shift changes and procedures preclude cover-ups, says ex-station commander on Meyiwa suspect's assault claim

The last state witness is to testify on Friday as they try to determine the admissibility of confessions by two accused

01 February 2024 - 15:50
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The five men accused of murdering Senzo Meyiwa during the trial in the Pretoria high court. File image
The five men accused of murdering Senzo Meyiwa during the trial in the Pretoria high court. File image
Image: ANTONIO MUCHAVE

The prosecution in the Senzo Meyiwa murder trial will on Friday call their last witness in the trial-within-a-trial.

The Pretoria high court has to determine the admissibility of confession statements made by two of the five accused, Muzikawukhulelwa Sibiya and Bongani Sandiso Ntanzi.

Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for the October 2014 murder of Meyiwa.

On Thursday, state witness police officer Karel Swanepoel, former station commander at Silverton police station, told the court a “cover-up” could occur, but it would not last long.

Prosecutor advocate George Baloyi asked whether officers could cover up injury of a detainee.

“A cover-up can happen, but not for long, because every 12 hours new members come in and change shifts and they ensure the cell structure is proper and ensure there are no injuries to detainees. If there are injuries, the member will report it because he can also be held liable if he doesn't report it,” Swanepoel replied.

Swanepoel, who has more than 40 years' experience in SAPS, testified on extracts of the occurrence book at Silverton police station, where Sibiya alleged he was assaulted.

During cross-examination by advocate Thulani Mngomezulu — for Sibiya and Ntanzi — he said when a person is arrested he must appear before a magistrate within 48 hours or be released.

Depending on the crime, the person can also be released on bail or a warning.

Investigating officer Brig Bongani Gininda told the court he continued interviewing Ntanzi even after the matter he was arrested for was not enrolled in court. Ntanzi had willingly and freely volunteered his confession, he said.

Swanepoel also disputed that police stations have solitary confinement cells. This after Mngomezulu asked whether keeping a suspect in solitary confinement amounted to torture.

“We don't have that sort of facility in police stations,” he said.

Mngomezulu is disputing the admissibility of the alleged confession statements made by Sibiya and Ntanzi. He claims they were made under duress, the deponents did not sign the statements and they were not made freely and voluntarily.

Baloyi said the last witness will be called on Friday.

TimesLIVE


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