A police officer who took the statement of an Enyobeni tavern bouncer has testified that it contradicted another statement the woman gave to the police months down the line.
Sgt Siviwe Ngcatshe told the Mdantsane regional court on Wednesday that bouncer Thembisa Diko had admitted to being in possession of a canister of pepper spray on the night of June 26 2022, when 21 young people, aged between 13 and 21, died in the tavern.
Ngcatshe was testifying at the inquest held to determine if anyone should be held criminally liable for the deaths.
Ngcatshe, a police officer based at Mdantsane’s Inyibiba police station, said on June 29, three days after the tragedy that made international headlines, he interviewed Diko as a potential witness.
During the interview, Diko mentioned she had carried pepper spray that night.
Ngcatshe said he stopped the interview and asked his superior, Brig Mxolisi Mqotyana, what to do.
“I never questioned where she got it from. The brigadier instructed me to go with her to take the pepper spray from her place in Scenery Park,” he said.
Ngcatshe did so, put the pepper spray into an exhibit bag and returned to the office to finish the interview with Diko and take her statement. He then wrote his own statement and registered the exhibit and booked it into evidence.
“She didn’t admit [to] using the pepper spray in the statement I obtained from her. She said she didn’t use it.”
During the East London regional court trial earlier this year of Enyobeni manager Siyakhangela Ndevu and his wife, tavern owner Vuyokazi Ndevu, on charges of selling alcohol to minors, Diko testified that she was on duty that night.
She said she had used the pepper spray to disperse the crowd forcing its way into the tavern. But the young patrons continued to push their way in and she abandoned her post on the ground floor of the tavern and went upstairs to join the party.
Ngcatshe said the pepper spray was similar to that used by the police.
Diko, the families of the victims and the Ndevus, were in court on Wednesday watching proceedings.
The Ndevus are representing themselves at the inquest after parting ways with their erstwhile attorney, Precious Daniel, who represented them during the criminal trial. They were advised that they could enlist the services of Legal Aid but elected to represent themselves.
Ngcatshe said he could not tell if the pepper spray had been used on the night, but those who examined it would be in a position to do so.
“I didn’t inspect it.”
Probed by attorney Vuyisile Magqabi, who represents the interests of the families, about the statement Diko made five months later in November, Ngcatshe said that after a while Diko admitted to having used the pepper spray.
Magqabi read part of the November statement in which Diko made the admission.
“To me she said after she couldn’t stop the crowd so she went to sit upstairs.”
Earlier, Siyakhangela Ndevu asked now retired Mqotyana, who headed the task team that investigated the tragedy, if he knew what had caused the death of the victims.
Mqotyana repeated that he suspected negligence might have contributed to their deaths. He also said he saw Ndevu on the tavern’s CCTV footage hours before the first victims dropped to the ground.
The inquest will resume on August 12. Two new witnesses will take the stand.
Diko is also expected to testify.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.