Cop’s evidence in murder case questioned

WhatsApp messages sent by a man accused in the alleged gang-related murder of a state witness and questionable statements obtained by the police raised questions about the investigation, the Port Elizabeth High Court heard on Wednesday.

Testifying in the trial of disgraced policeman Walter Francis, 33, and his co-accused, Wayne Wabanie, 25, and Shamiel Gallant, 20, Constable Alexander Pio told the court that after arresting Wabanie his cellphone was sent for data extraction but police technicians were unable to access WhatsApp messages.

Pio said he accessed Wabanie’s Nokia E63 and found several messages sent on the day Nico Alex Ferreira was killed.

Pio had taken photographs of the messages.

In them, Wabanie allegedly communicates with an unidentified person several times before Ferreira was killed on February 21 2017.

Pio said although the language used in the WhatsApp messages was unusual, he was Afrikaans-speaking and could decipher certain aspects of it.

Pio said he believed that there was communication between Wabanie and someone identified only as “Hoekop”.

“According to what is written, [Wabanie] asked if he [allegedly Francis] had left.”

Pio confirmed that in at least two messages, the name Walter appeared.

“My brother, the guy has already driven away, where is Walter,” read the one message.

“What is Walter’s number,” read the other one.

Defence lawyer for Wabanie, advocate Hannelie Bakker, put it to Pio that from the phone records there was no number listed for Francis, which Pio did not dispute.

Pio further conceded that he could not say for certain that Wabanie had typed the messages.

Defence advocate for Francis, Terry Price SC, further raised a concern regarding a statement given by a state witness in which the description of the car allegedly driven by Francis had changed.

In the statement, it was first recorded that the eye-witness had seen a silver VW Polo at the shooting scene but it was later changed to an Opel Corsa.

According to Price, neither Pio nor the witness signed where the change had been made.

“This creates the impression that this was changed without [the witness’s] knowledge,” Price said.

Bakker further questioned Pio about why a witness statement was not taken from Luke du Plessis, whom Pio had identified as a person of interest.

“I found no evidence against [Du Plessis],” Pio said.

Francis, Wabanie and Gallant have been charged with murder, conspiracy to commit murder and the illegal passion of a firearm and ammunition. They pleaded not guilty. The case continues.