No signs of as­sault on two ac­cused

Cape Argus - - NEWS - Zo­didi Dano

NO SIGNS of as­sault or tor­ture were found on the two men on trial for the rape and mur­der of 19-year-old Khayelit­sha teen Si­nox­olo Mafe­vuka.

District sur­geon Sakumzi Radana told the High Court yes­ter­day he did not see any in­juries on cousins, Xolisa Mafi­l­ika and Atha­bile Mafi­l­ika.

This is af­ter the two al­leged that they were as­saulted by de­tec­tives at the Harare Po­lice Sta­tion dur­ing ques­tion­ing, prior to their ar­rest.

Radana did a head-to-toe ex­am­i­na­tion of both ac­cused.

“When I was ex­am­in­ing them I saw no such. One of my du­ties is to re­port tor­ture. If I had seen it I would have re­ported it,” said Radana.

Morne Calitz, for Xolisa, said ac­cord­ing to the ac­cused, proper ex­am­i­na­tion pro­ce­dures were not fol­lowed. “The ac­cused said when he was with you, you didn’t ask him to re­move his cloth­ing,” said Calitz.

“I asked him. The forms come in with a J88. I know I did,” Radana re­sponded.

Shaid Bruin­ders, for Atha­bile, said his client had marks around his wrist. He said Atha­bile al­leges that the marks were in­flicted by tight­ened hand­cuffs the day be­fore the ex­am­i­na­tion.

“He told his doc­tor at Pollsmoor Pri­son, he wrote it down that he had marks on his wrist. He said he didn’t tell you be­cause the cuffs were not on him when he saw you. He said he did not think about telling you.”

How­ever, Radana said there were no marks on the ac­cused.

The doc­tor also dis­missed any al­le­ga­tions of suf­fo­ca­tion made by Atha­bile.

“There would have been signs of rup­tures of the small blood ves­sel in the eyes and lips. The ac­cused did not show any haem­or­rhages.” Mafe­vuka was found dead in com­mu­nal toi­lets at the SST Block in Town Two, Khayelit­sha, last year. Her clothes were stuffed in a cis­tern and some in the toi­let seat.

So far the court has heard that the ac­cused were placed in the vicin­ity of the toi­lets on that day.

A wit­ness tes­ti­fied to have seen Atha­bile and a per­son, whom he iden­ti­fied by his voice as be­ing Xolisa, drag­ging a fe­male the night be­fore.

No DNA or fin­ger­print ev­i­dence found at the scene could be linked to the ac­cused, or any other per­son, as the re­sults were not able to be com­pared.

The case has been post­poned to Mon­day.

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