Murder trial looks at ‘rights violation’

THE trial of Zimbabwean murder accused Lloyd Simbarashe has become a trial within a trial.

Acting judge Melanie Holderness this week granted defence advocate Sheriff Mahomed the opportunity to explore the admissibility of a “statement” allegedly given by Simbarashe to arresting officer Constable Onice Ntsizi.

The State needs to prove that the accused’s rights were not violated.

Mahomed is questioning the circumstances under which the statement was obtained from his client and objected to the short timeframe after Simbarashe’s arrest until the statement was made.

He is accused of fatally stabbing his girlfriend Nikita Lewis on October 9, 2015.

The contents of the statement have not been brought before court.

Ntsizi testified this week how he responded to a call on the SAPS radio system about a fatal stabbing in Du Noon.

According to witnesses testimonies, 45-year-old Simbarashe stabbed Lewis 18 times in view of shocked onlookers inside a superette.

“The shop owner and a security guard told me the African male in the corner is the suspect,” said the constable, stationed at Manenberg police station, testifying that when he first saw Simbarashe, the accused was calm.

“I introduced myself and informed him that I was arresting him as a suspect in this murder. I informed him of his rights. He was calm, looked normal, not like someone under the influence of drugs and he did not smell like drugs or alcohol,” said Ntzisi.

He added that he spoke to the accused in English and Simbarashe nodded his head, indicating he understood what the constable was saying.

“When we arrived at the station, I read his rights again. The accused signed the book indicating he understood the rights read to him,” said Ntsizi.

At this stage it is still unclear whether the statement made by Simbarashe is an admission or a confession.

The defence’s case is that Simbarashe cannot remember the statement made to Ntsizi.

The accused said he had smoked mandrax and dagga on the night before the alleged incident. “This is very surprising. He was sober and fine at the time I saw him,” said Ntsizi. The case resumes on May 14.

Lloyd Simbarashe