Rhodes Park accused claims police coercion

JOHANNESBURG: A trial-within-a-trial continued yesterday at the Palm Ridge Magistrate’s Court to decide the admissibility of certain evidence pertaining to the double murder and rape at Rhodes Park in Johannesburg.

Edmore Ndlovu, 23, Thabo Nkala, 25, and Mduduzi Lawrence Mathibela, 32, all claim they were severely assaulted and pressurised to give statements implicating them in the crime, which made headlines last year after a gang of men attacked two couples and drowned the husbands in a lake and sexually assaulted the wives.

The three accused also claim they were forced to do the pointing-out at the park.

Judge Papi Masopa already dismissed Nkala and Ndlovu’s claims after they gave confusing and contradicting testimonies.

Their lawyers also failed to prove the alleged assault by police and both their statements were read out in court as part of evidence.

Mathibela has since taken the stand and told the court about his alleged assault after he was arrested.

Mathibela’s lawyer Portia Phahlane told the court her client said he was first assaulted by the investigating officer, Bruce Van der Schyff, and told him what he must say when making a statement. “I was arrested in Pretoria and then taken to Cleveland police station the next day and later on booked out and taken to Yeoville police station where I was shown pictures of men and I was told that I must say they were my friends.

“Then Van der Schyff told me what to say when giving a statement admitting to the rape and murder.”

Mathibela told the court he was strangled and kicked and felt helpless and then agreed to do everything he was told.

“Van der Schyff told me I must also tell the court that I’m a robber and I don’t even have a job except committing crime.”

Mathibela told the court Van der Schyff also told him police were going to be rewarded heftily for arresting him.

However, State prosecutor Monde Mbaqa attacked Mathibela’s testimony and questioned him about the number of police officers that allegedly assaulted him and how they did it.

Like Nkala and Ndlovu, Mathibela also kept referring to “JB” as one of the police officers who had assisted in beating him.

“But Mathibela, you didn’t mention anything about JB until I asked about him,” countered Mbaqa.

“I didn’t mention him because the court knows. A lot of things were said in court, people were paid to lie against me and also take my DNA to the crime scene,” Mathibela said.

Mbaqa then asked Mathibela where he got this information. “Don’t pretend as if you don’t know.

‘‘You know that you will get hundred thousand to pin me into a crime I didn’t commit,” Mathibela retorted. The matter was adjourned for lunch.