Accused was under duress, court told

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

Edmore Ndlovu, 23, Thabo Nkala, 25, and Mduduzi Lawrence Mathibela, 32, all claim they were severely assaulted and pressured 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 Kensington park.

Judge Papi Masopa has 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 that his client said he was first assaulted by the investigating officer, Bruce van der Schyff, who 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. There I was shown pictures of men and I was told that I must say they were my friends,” he testified. “Then Van der Schyff told me what to say when giving a statement admitting to the rape and murder.”

Mathibela told the court that he was throttled and kicked and felt helpless, but 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,” he said.

The trial continues. – ANA