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Miners gathered at the koppie in Nkaneng behind the Lonmin mine on the outskirts of Rustenburg in 2013 to mark the fateful day on August 16, 2012 when 34 miners were shot dead by police in what is now called the massacre by Marikana. Image: Felix Dlangamandla / Photo24
- A police officer has endured three days of defense cross-examination in the so-called Marikana trial, in which former Northwest Deputy Police Commissioner Major General William Mpembe and five officers are charged with murder.
- They are on trial for events that unfolded at the Lonmin K3 well in Marikana, three days before the infamous massacre.
- The defense’s cross-examination has focused on the technical aspects of the crime scene: searching for spent cartridges and capturing images.
The lawyer representing retired Colonel Salmon Vermaak in the so-called Marikana trial questioned Lieutenant Colonel Moses Mushwana for a third day in the North West High Court in Mahikeng on Wednesday.
Defender Kobus Burger focused Wednesday’s questioning on Mushwana’s collection of spent cartridges and bullet shells.
Mushwana is a state witness in the murder trial of former North West Deputy Police Commissioner Major General William Mpembe and five other police officers.
Mushwana attended the crime scenes, following the events that unfolded at the Lonmin K3 well in Marikana, three days before the infamous massacre in August 2012. Her duty was to collect forensic evidence and take photographs.
He stated that he took blood samples from a knobkerrie and self-made spears which he brought to the laboratory.
READ MORE | Marikana Trial: Police Officer Testifies About Collection of Blood Samples and Evidence
Burger asked Mushwana if he had asked for any information that would have helped him identify the cartridges in the scenes he visited.
In response, Mushwana said his duty at the scene was to collect forensic evidence and capture photographs, not to interview people, noting that this was for investigating officers.
He also asked the witness if he had questioned residents about the holes in their houses during his other visits to the sites. Mushwana admitted not.
“Would you agree with me that if you did that, valuable information could have come out …?” Burger asked.
In response, emphasizing his point, the witness said: “My lady, I think we should not confuse the issues here because (conducting interviews) is the duty of investigating officers.”
Burger asked Mushwana if she thought it would have been easier to ask, so that he would know where to look.
Mushwana was also questioned about the grid system he had used in his search for cartridges and bullet holes.
Telling the court about her work at the scene, Mushwana said she measured a distance of 10 meters and used spray paint.
READ | Marikana’s trial: Police questioned about why they did not take visible photos of weapons at the crime scene
But Burger questioned why the photo album presented to the court as evidence had no signs of spray paint. Mushwana replied that she did not use the paint that day, but did use it when she returned to the scene on August 14.
Going back to a Crime Management System (CAS) numbering error that Mushwana was questioned on Tuesday, Burger referred it to a statement that was commissioned on March 27, 2017.
Mushwana testified Tuesday that the CAS number for scene one was CAS 115/8/2012 and the second one he worked on was CAS 116/8/2012.
The lawyer asked, “Would you be correct if I say that you were the person who wrote that statement?”
“But this statement relates to the collected evidence, the blood swabs, etc. in scenes 115, 116. Is that correct?”
“It has absolutely nothing to do with CAS 117. Colonel, why did you add 117 to that statement?” Burger asked. In his reply, Mushwana said it was a typo.
Mushwana explained on Tuesday, when questioned by Mpembe’s attorney, that the numbering error occurred because he was given 117 as the CAS number for the second scene when he arrived at the police station to record the evidence. It should have been 116.
Mpembe, Vermaak and Constable Nkosana Mguye, as well as NCOs Katlego Sekgweleya, Masilo Mogale and Khazamola Makhubela, are on trial for the incident that claimed the lives of five people.
The former deputy provincial commissioner faces four counts of murder and five counts of attempted murder. It is alleged that Mpembe unlawfully and intentionally shot and killed Semi Jokansi, Thembalakhe Mati, Hendrick Monene and Seal Lepaaku.
The trial continues.
ICYMI | Murder trial in Marikana: Police questioned about the integrity of crime scenes
