Forensics hampered by wet weather
FORENSICS could not dust for fingerprints fully where Sinoxolo Mafevuka’s body was found because the scene was wet, the Western Cape High Court heard yesterday.
The first investigative officer, Cornelius van Niekerk, told the court the only items tested were the door, the lid of a cistern and the wall of the communal toilet. A rape kit was also sent for analysis.
Mafevuka’s body was found in the communal toilets at SST Block in Town Two, Khayelitsha, on March 2 last year.
Van Niekerk said he led the investigation for nine days, before he was removed from the case because he felt the community wasn’t open to sharing information with him due to his race.
However, on the eve of his last day, Van Niekerk interviewed the two accused – cousins Xolisa Mafilika and Athabile Mafilika – as rumours in the community said they were involved.
But defence lawyer Mornay Calitz, for Xolisa, said Xolisa’s rights were not read to him and Xolisa alleged he was assaulted during questioning.
“He was hit on the leg and I believe handcuffs were tightened around his scrotum. It was said ‘this is what you used to rape the girl’,” said Calitz.
Van Niekerk said nothing like that happened when he was there.
The matter will be back in court on August 7. – Zodidi Dano