Attorney calls for acquittal of ‘hitman’

THE attorney for an alleged hitman yesterday called for his acquittal, saying evidence against him was unconstitutionally obtained.

Bongani Skolpati, 23, is charged with conspiracy to murder popular Coffee Bay deputy school principal Kholisile Baleni. Attorney Sihle Mzileni, in closing remarks in the Mthatha High Court yesterday, said finding his client guilty based on the evidence of his girlfriend Yolanda Ntshuntshe, 18, would breach constitution.

Ntshuntshe told the court last week that Skolpati told her that he killed Baleni on October 27 2015.

“This is tantamount to a confession,” Mzileni said. “My client was not granted his legal rights. He was not informed of his right to remain silent and have legal representation.” the Mzileni called on acting judge Mpumelelo Notununu to throw out Ntshuntshe’s evidence.

Prosecuting advocate Nomapha Mvandaba said she was shocked by Mzileni’s argument, which amounted to appointing Ntshuntshe an arresting officer taking a confession.

“[She] is neither an arresting officer nor wife of the accused. When the two were conversing, [Skolpati] was not under arrest, when he would be informed of his legal rights.

“He was not interrogated about the murder. He voluntarily told his girlfriend in conversation. There is no violation of the constitution.”

In a twist, both the state and defence yesterday found many contradictions in the evidence of state witness Ayanda Gojela, who also implicated Skolpati in the murder.

Mvandaba said not all of Gojele’s evidence should be disregarded but Mzilene said Gojele’s testimony was too poor to be entertained.

Mvandaba said Skolpati led police to the scene of crime and did not want to be seen as a confidante of Khayalethu Makhubalo, said to be the mastermind behind Baleni’s killing and the one who roped Skolpati in as hitman.

Makhubalo, who died two months after Baleni’s killing, was the lover and witchdoctor of Noluthando Baleni, Kholisile’s widow. Makhubalo was also Skolpati’s witchdoctor.

Noluthando has confessed her role in the killing of her husband.

Notununu postponed Skolpati’s trial to tomorrow for judgment, when in another courtroom Judge Richard Brooks will hear pre-sentencing reports on Noluthando.