No signs of assault on two accused
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.