S­tum­bling tes­ti­mo­ny of Mo­lo­si mur­der accu­sed

Knysna-Plett Herald - - Crime - N­wa­bi­sa Pon­do­yi co­vers e­vents straig­ht from court

A lar­ge group of re­si­dents on­ce a­gain mar­ched to the ma­gi­stra­te’s court last week de­man­ding that the four men ar­res­ted in con­necti­on with the mur­der of Knys­na town coun­cil­lor Vic­tor Mo­lo­si, not be gran­ted bail.

Mo­lo­si was gun­ned do­wn at his ho­me in Con­cor­dia two mont­hs ago.

The four accu­sed we­re sche­du­led to ta­ke the stand to con­vin­ce the court why it would be in the in­te­rest of jus­ti­ce to re­le­a­se them on bail.

First to ta­ke the stand was Knys­na Taxi Forum se­cre­ta­ry Mand­la Tyo­lo­lo, char­ged with con­spi­ra­cy to com­mit mur­der, ho­we­ver, his ap­pli­ca­ti­on was pos­t­po­ned to be he­ard se­pa­ra­te to that of Knys­na coun­cil­lor Ve­li­le Waxa, Knys­na mu­ni­ci­pal of­fi­ci­al Ma­wan­de Mak­ha­la and Ca­pe Town re­si­dent Ve­la Pa­trick Du­mi­le.

Next on the stand was Du­mi­le (37), who said he is e­pi­lep­tic, has a­not­her il­l­ness that he can­not pro­noun­ce and, in w­hat ca­me as a sur­pri­se to tho­se who ha­ve been fol­lo­wing the ca­se, clai­med to ha­ve a speech im­pe­di­ment (stut­ter) re­sulting from an ac­ci­dent that al­so left his one si­de we­a­ke­ned. (La­ter du­ring his tes­ti­mo­ny he would be le­a­ning on w­hat he said was his we­ak arm and re­gain a le­vel of pro­per speech.)

Du­mi­le’s la­wy­er T­ha­bo No­ge­ma­ne re­que­sted his client be se­a­ted due to a di­sa­bi­li­ty, which the ma­gi­stra­te gran­ted.

Con­tra­dic­to­ry sta­te­ments

Du­mi­le con­tra­dicted him­self ex­plai­ning how his speech im­pe­di­ment ca­me a­bout. He i­ni­ti­al­ly said it was due to an ac­ci­dent in 2010 w­hen his car was sus­pected to ha­ve been in­vol­ved in a rob­be­ry, but di­rect­ly the­re­af­ter said it occur­red be­fo­re the ac­ci­dent. He al­so said that the po­li­ce as­saul­ted him af­ter the ac­ci­dent and that he had o­pe­ned a ci­vil ca­se a­gainst them.

W­hen as­ked if he was as­saul­ted or thre­a­tened in­to sig­ning his po­li­ce sta­te­ment in the Mo­lo­si ca­se, Du­mi­le said, “They for­ced me to sign, but ne­ver as­saul­ted me.” Hard­ly fi­ve mi­nu­tes la­ter, he said Wil­son “hit me with my belt on my neck and in­sis­ted I speak the truth and that I would be accu­sed num­ber one”.

W­hen the sta­te que­ried why he did not o­pen a ca­se a­gainst Wil­son, he said it was be­cau­se he did not sus­tain in­ju­ries.

His de­fen­ce t­hen que­s­ti­o­ned him a­bout pre­vi­ous con­victi­ons and pen­ding ca­ses, and Du­mi­le sta­ted that he has no­ne, ad­ding con­fi­dent­ly, “You can e­ven con­sult the com­pu­ter.”

He a­gain told the court a­bout the in­ci­dent w­hen his vehi­cle was sus­pected to ha­ve been in a rob­be­ry and said the char­ges a­gainst him we­re drop­ped. ‘Three ot­her ca­ses’ a­gainst Du­mi­le

Ho­we­ver, pro­se­cu­tor P­re­m­chard re­min­ded him of a 2009 ca­se – not 2010 as he had said – w­hen he was sus­pected to ha­ve been in­vol­ved in a cash-in-tran­sit heist and that a war­rant was still out for his ar­rest in that ca­se.

She al­so re­min­ded him of two ot­her pen­ding mat­ters a­gainst him: one re­la­ted to at­temp­ted mur­der, rob­be­ry and pos­ses­si­on of a fi­re­arm in 2012, and a fraud ca­se in 2014, but Du­mi­le said both ca­ses we­re wit­h­dra­wn (which the sta­te is yet to con­firm).

Fi­nal­ly, w­hen as­ked if he was pre­pa­red to talk a­bout the me­rits of the Mo­lo­si mur­der ca­se, but re­min­ded of his rig­ht to de­cli­ne, he op­ted for the lat­ter.

W­hen as­ked if he knows his three co­accu­sed, he said he on­ly knows Mak­ha­la, who u­sed to vi­sit Ca­pe Town af­ter pay­day. As­ked how he knew w­hen Mak­ha­la got paid, a stut­te­ring Du­mi­le re­p­lied, “He would buy braai me­at.” W­hen P­re­m­chard re­pe­a­ted the que­s­ti­on, Du­mi­le said, “Be­cau­se I am friends with his youn­ger brot­her – I was with him w­hen I got ar­res­ted.”

Rig­ht to re­main si­lent

P­re­m­chard t­hen put it to him that the three accu­sed con­spi­red to com­mit a cri­me. “I’d li­ke to not ans­wer that,” Du­mi­le re­p­lied. P­re­m­chard ex­plai­ned that accu­sed num­ber 2 (Mak­ha­la) was tas­ked by accu­sed 3 (Waxa) to find a kil­ler and that Mak­ha­la t­hen look­ed for a kil­ler who was la­ter i­den­ti­fied through a sta­te wit­ness to be Du­mi­le. Du­mi­le cho­se not to ans­wer.

“Af­ter you we­re i­den­ti­fied as the po­ten­ti­al kil­ler, a sum of mo­ney was dis­cus­sed… The­re is con­fir­ma­ti­on that mo­ney was spo­ken a­bout and ex­chan­ged and e­ven w­hen you re­la­ted how the kil­ling went,” P­re­m­chard said, upon which Du­mi­le re­p­lied, “I don’t know a­bout the kil­ling, I am not a kil­ler.”

W­hen as­ked how of­ten he vi­sits Knys­na, Du­mi­le said he would not li­ke to say a­ny­thing “a­bout the Knys­na thing”. “E­ven af­ter the sta­te wit­ness said you we­re in town be­fo­re and af­ter the mur­der?” P­re­m­chard as­ked, but he re­fu­sed to ans­wer.

So far Du­mi­le is the on­ly accu­sed to ha­ve ta­ken the stand, whi­le Mak­ha­la sig­ned a do­cu­ment, re­ad by his Le­gal Aid re­pre­sen­ta­ti­ve, sta­ting that he in­tends to ple­ad not guil­ty and can af­ford R1 500 bail. The two, to­get­her with Waxa, are set to ap­pear in court on 24 Oc­to­ber.

“The­re is con­fir­ma­ti­on that mo­ney was spo­ken a­bout and ex­chan­ged and e­ven w­hen you re­la­ted how the kil­ling went.”

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