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Former Northwest Deputy Police Commissioner William Mpembe (far left) in the dock with his five co-defendants.
- A police officer testifying in the murder trial of a former deputy police commissioner has completed his questioning.
- The officer has been on the witness stand since Monday and endured harsh questioning from the defense.
- He was on the scene on August 13, the day chaos broke out at the Lonmin K3 well in Marikana.
“I tell you that the defense has shown that this album of yours and its evidence cannot be taken seriously.”
Those were the final words of defense attorney Henko Scholtz on Friday morning after his cross-examination of Lt. Col. Moses Mushwana, who testified in the murder trial of former Deputy Police Commissioner William Mpembe and five other police officers.
Mushwana didn’t have an easy time on the stand.
He faced tough questions from the defense in the Northwest High Court sitting in Mahikeng before Judge Tebogo Djadje.
It is attached to the Local Criminal Records Center (LCRC) and collected forensic evidence and photographs from the scene where chaos broke out at the Lonmin K3 well in Marikana, three days before the infamous August 2012 massacre.
Mushwana was at the scene shortly after the horrific incident, which resulted in the deaths of two policemen and three miners.
The deceased were later identified as Semi Jokansi, Phumzile Sokhanyile, Thembelakhe Mati, Hendrick Monene and Seal Lepaaku.
Mpembe is on trial alongside his former colleagues Salmon Vermaak, Nkosana Mguye, Collin Mogale, Joseph Sekgwetla and Khazamola Makhubela, who have pleaded not guilty to the charges they face.
READ | Marikana Trial: Here’s a summary of what happened in court this week
Scholtz’s clients, Mguye, Mogale, Sekgwetla and Makhubela, are directly linked to Sokhanyile’s death.
Mpembe and Vermaak are also accused of thwarting the ends of justice and giving false information under oath to the Farlam Investigative Commission on the Marikana massacre between 2013 and 2014.
During his questioning by the state’s attorney, attorney Kenneth Mashile, Mushwana told the court that he took blood samples from a self-made goatee and spear. He also testified about the collection of cartridges at the scene and the capture of photographs of the deceased.
He was questioned by the three defense attorneys, Scholtz, Jan Ellis, who represents Mpembe and Kobus Burger for Vermaak, on various matters, ranging from photography, Crime Management System (CAS) numbering, and manipulation of the scene of the crime.
His draft plan, which the defense argued was off-scale, was also in doubt.
Statements by other officials, who were at the scene, also revealed that one of the deceased, Sokhanyile, had stab wounds. They also claimed that cartridge cases were found not far from the deceased.
But Mushwana disagreed with this.
READ ALSO |Trial in Marikana: the defense focuses on stab wounds in miner and gun cartridges at the crime scene
He acknowledged that the crime scene was not completely cordoned off and, during Mashile’s re-examination, insisted that there had been no tampering.
Mushwana’s photo album was also questioned by Scholtz, who said it was not consistent and did not clarify when the photos were taken.
Scholtz asked Mushwana if there were any IPID officers on the scene that day. He answered yes, but did not recall talking to them.
“I can’t remember if I went to them or not because I was so busy,” he said.
When Scholtz said that the opinions of the witnesses on the presence of IPID were contradictory, he said: “I said that I heard that the members of IPID [were] there. So I can not [confirm] if I met them “.
Mushwana added that he could not recall IPID duties that day, adding that they were also not present during his visits to the crime scene.
“I want to tell you then, Lieutenant Colonel, your attempt on Annex G is desperately inappropriate.”
Henko Scholtz
Mushwana told the court that he believed he did what he could at the crime scene.
In response, Scholtz said: “You are well aware of your shortcomings, as the defense has highlighted in questioning.
“I tell you that the defense has shown that this album of yours and its evidence cannot be taken seriously.”
The trial has been postponed until May 10, 2021 and will last for three weeks until May 28.
ICYMI | Marikana Trial: Police Officer Testifies About Collection of Blood Samples and Evidence
