Murder trial witness admits drug history

Denies he was mistaken in identifying accused at crime scene

WITNESS Xolile Matshotyana, who positively identified accused number one in the Sinoxolo Mafevuka murder case, admitted he was a drug user. Matshotyana, yesterday during cross-examination, told the court he was a tik and dagga user. He said that he and the accused, Xolisa Mafilika, used to share drugs together.

The witness also made a statement to the police last month, two months after the incident.

Matshotyana admitted he and Mafilika had spoken on the night that a girl was pulled towards the toilets by two men.

In that conversation, Matshotyana told the court Mafilika said he suspected him and two other people. However, the accused’s lawyer, Mornay Calitz said, according to his client, the witness was the one who told Mafilika he suspected two other men.

“How does the dagga and tik make you feel? Are there any long-term effects? Does it have nothing to do with the fact you can’t remember things?” asked Calitz.

Matshotyana testified yesterday he had seen Xolisa’s cousin Athabile Mafilika with another person dragging a screaming woman to the communal toilet area.

He said he identified accused number 2, Athabile, by his blue K-Way beanie and sunglasses which he wore over his hairline. He said he recognised Xolisa by his voice.

In cross-examination, the witness conceded he had relied on his ability to recognise the voices to identify the two accused. He said he was shocked and could not hear what the two men were saying but that they were shouting and swearing.

Calitz said: “You were unable to identify by sight who those two people were. If you are wrong about the voices, you would be wrong in the identification of the person you heard.

“Accused number one says those were his sunglasses. He says you are making a mistake. It was not him, it was not his voice.”

In response Matshotyana said: “I was not wrong. It is highly unlikely that one would not be able to recognise a person you used to hang out with.”

Calitz also highlighted the delay in bringing forward a statement to the police. He put it to the witness that the only reason he made a statement was because he was scared police would suspect him. Matshotyana was the third witness to put the pair in the vicinity of the crime scene.

Mafevuka was raped and murdered on March 2 last year. Her body was discovered in the communal toilets at the SST Block in Town Two, Khayelitsha.

The trial continues.

ONLY REASON HE MADE A STATEMENT TO THE POLICE WAS HE FEARED BECOMING A SUSPECT – LAWYER