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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.
Felix Dlangamandla, Photo24
- The State’s witness disagreed with the statements read by the defense during the cross-examination.
- The statements revealed that the injuries to one of the miners were actually from being stabbed.
- But the witness did not want to comment on the statements.
A police officer who testified in the murder trial of former North West Deputy Police Commissioner William Mpembe and five other police officers were left speechless when the defense read statements to him during questioning Thursday.
Statements read by defense attorney Henko Scholtz revealed information that he had not testified about and with which he disagreed.
Lieutenant Colonel Moses Mushwana 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.
Mpembe is on trial alongside his former colleagues Salmon Vermaak, Nkosana Mguye, Collin Mogale, Joseph Sekgwetla and Khazamola Makhubela. All have pleaded not guilty to the charges they face.
Scholtz represents Mguye, Mogale, Sekgwetla, and Makhubela.
News24 previously reported that retired police officer Rapheso Masinya testified about detailed video footage, which showed blood spilled on the ground, bloody bodies, two fatally wounded police officers and three dead miners.
The deceased were later identified as Semi Jokansi, Phumzile Sokhanyile, Thembelakhe Mati, Hendrick Monene and Seal Lepaaku.
Scholtz’s clients are directly linked to the death of miner Sokhanyile.
READ | Marikana murder trial: defense questions police officer about deceased’s blood at crime scene
Scholtz focused his interrogation on Sokhanyile’s body.
The lawyer told the court that he preferred to refer to Sokhanyile as the deceased.
He read the first written statement by a policeman who had attended the scene. In the report, the officer describes finding the deceased dressed in white overalls and a blue T-shirt, lying on the ground face down on a panga and a goatee.
The officer said he also observed a stab wound to the left side by the neck of the deceased, and another to the left cheek and the back of the head.
The statement also mentions that 10 cartridges were seen from the side where the deceased lay, and that the LCRC took them away.
In the statement, the officer also mentions that the deceased suffered no further injuries until he was taken away by the mortuary vehicle.
Commenting on the content of the statement read by Scholtz, Mushwana said that he did not collect any cartridge cases next to the deceased, but in a different location.
“I want to tell you that this witness observed that this deceased was stabbed,” Scholtz said.
Mushwana replied that he had no comment because he had not said anything in his testimony about the stabbing and the gunshot wound.
Scholtz also referred to another statement by a policeman, named “Mathe”, who said: “There were also 10 cartridges, 15 meters from the deceased.”
But Mushwana also disagreed with the statement.
READ ALSO | Marikana Trial: Here’s a summary of what happened in court this week
Scholtz said: “You see, Colonel, from my point of view, I have difficulties. I have a statement in which a person says that he arrived before you at the scene and then found cartridges 15 meters from the deceased.
“My biggest difficulty is that you arrived 40 minutes later and found 74 meter cartridges [away from deceased].
“So, in summary, here we have a SAPS member who directly states that 10 cartridges were found near the body.”
Mushwana said the 74 meters he referred to was when he had just arrived at the scene.
Returning to the integrity and protection of the crime scene, Scholtz said he had a problem with the civilians seen at the scene in some of the images in the album presented as evidence to the court.
Scholtz said it was even difficult to tell the policemen from civilians in the images.
In his defense, Mushwana replied, “I have already stated that my crime scene was not fully entrenched.”
Scholtz said his album was confusing and showed some of the images as if they were taken on the same day.
“Now the problem I personally have with his photo album is that there is absolutely no sequence of events and no time sequence in his photographs.
“Photos 1 to 13 create the image that the scene of the deceased was together and then it suddenly jumps to October 9 in photos 15 to 39, and then again you have 40 and up that were taken on different dates. That creates uncertainty, sir, I want to put it on you. “
Mushwana replied, “I understand. I should have compiled two photo albums.”
Scholtz continues his questioning on Friday.
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