State accuses Meyiwa murder suspect of tailoring evidence

06 February 2024 - 19:39
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Muzikawukhulelwa Sibiya says he was arrested in Thembisa when police arrived in a taxi and told him to lie down at gunpoint. File image.
Muzikawukhulelwa Sibiya says he was arrested in Thembisa when police arrived in a taxi and told him to lie down at gunpoint. File image.
Image: Thapelo Morebudi

The state, in the Senzo Meyiwa murder trial on Tuesday, accused the first suspect in the murder case, Muzikawukhulelwa Sibiya of fabricating a story and tailoring evidence.

“I put it to you that you are fabricating a story. You are tailoring the evidence as you go along,” said prosecutor Ronnie Sibanda.

This after numerous allegations made by Sibiya, including that  lead investigator, Brig Bongani Gininda was present when he was forced to sign the alleged confession statement.

Sibiya is testifying in a trial-within-a-trial to determine the admissibility of his confession statement, which was made after his arrest in May 2020, by a policeman then-based in Randburg, Col Mhlanganyelwa Mbotho. 

On Tuesday, the state continued to grill Sibiya on his testimony of what happened during his arrest in connection with the murder case.

Sibiya earlier told the court that he does not remember questions asked by Mbotho when he interacted with him immediately after his assault.

This is as Sibanda went through questions in the pro forma document supposedly asked and answered by Sibiya when his confession statement was taken.

However, while Sibiya conceded that Mbotho had asked him questions he could not remember, pointed out that the ones being read by Sibanda were not asked.

On Monday, Sibiya told the court that he signed the pre-written statement to save his life.

He claimed it was not freely done as his life was under threat.

Throughout his cross-examination, Sibiya maintained that he was assaulted, also stating at some point that he was afraid of the police.

He further stated that the standard procedure of hourly visits by police at police stations did not occur where he was.

Sibiya said no-one asked him if he was OK or if he was assaulted when he got to the police station.

Further, he revealed that some police couldn’t follow up on his assault claims as they had said the officers in question were senior to them.

However, Sibanda accused Sibiya of saying that police ignored procedures when it came to him.

“When police officers made an entry that ‘all in order or no complaint’, they were just trying to cover something. What you’re saying is that police had to burn procedures when it comes to Muzi Sibiya?” Sibanda said.

Sibiya was not shy to express that he could not remember when asked some of the questions, or to also point out that he was in the witness box to share what had happened to him and not answer for other witnesses who had already testified.

On Monday he denied ever being read his rights or them being explained to him. He said he was not informed of the consequences of not exercising his rights to remain silent during his detention and interaction with the investigating officers.

The case continues on Wednesday. 

TimesLIVE


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