9 lies by Thabani accident witness
MATSAPHA – The person who claims to have witnessed Thabani Nkomonye’s car when it rolled has been accused of knowing how Thabani was removed from the vehicle, by whom and telling nine lies to the inquest.
In fact, this allegation was put to the 11th witness before the inquest into the death of Thabani, Mathokoza Makhanya, by the legal team representing the Nkomonye family in the matter, in particular Advocate Mduduzi ‘ Tsotsi’ Mabila, who crossed examined Makhanya during his appearance before Coroner, Senior Magistrate Nonhlanhla Dlamini on Wednesday.
The advocate put this claim to the witness after he and Makhanya had agreed that his recorded statements ( recorded on May 13, 2021 and May 17, 2021), were inconsistent with what he orally submitted to the coroner on Wednesday.
In fact, during the brief cross- examination of the witness by the advocate on Wednesday, Mabila highlighted at least nine alleged lies in Makhanya’s statement.
During his oral evidence, where he was led by Prosecutor Fikile Dlamini, the witness alleged that on Saturday May 8, 2021 at around 10: 30pm, he was going to Matsapha to fetch his wife who was from Johannesburg, South Africa. He claimed that when he was around Magumedzeni Bus Stop, he allegedly saw an oncoming car and within a split second, he saw its lights moving away from the road.
Thereafter, he submitted that he then saw dust and he had to stop near the place where the car veered off the road. Down the slope from the road, he claimed that he saw the right head lamp of the car facing the road.
After that, he alleged that he tried to stop motorists who were passing by as he could not go down to the car alone. He claimed that the first car to stop had four occupants and he went with them to the vehicle which had overturned. He claimed that the car that stopped was coming from the Sidvokodvo direction, traveling towards Mhlaleni. He claimed that he did not know the occupants.
Upon arrival where the car was, the witness claimed that they checked inside the vehicle and found that there was no one. Thereafter, he alleged that since the car’s engine was on, he switched it off, while another man turned off the lights.
“We searched around the car and shouted for the driver to come out and that he should not be afraid because we were not police officers,” Makhanya claimed.
Beer
He alleged that they did this because in the car there were beer bottles, others had been broken and there was a fresh smell of alcohol. He submitted that they continued to search, but they did not find the driver of the vehicle.
The prosecutor, who was leading him in evidence, asked him where did they search and he claimed that they looked for the driver from where the car had landed towards the skid marks ( towards the road).
Afterwards, the witness claimed that they tried to call the police emergency toll free number 999. However, he alleged that his call did not go through. He claimed that they assumed that the area where they were standing had network problems and they moved towards the road.
Again, the prosecutor asked him if he knew if the others’ calls were able to go through or not, he claimed he did not know.
About 15 to 20 minutes later, while they were still in that predicament, a police van came from the Sidvokodvo direction and it was allegedly written Matsapha Traffic Police Station on the sides. He alleged that he stopped it together with the other members of the public. “I told the officers what we had seen and I went to show them the car. I then left them and continued with my journey,” Makhanya submitted.
After about two hours, he claimed he came back from Matsapha and he found that there was a tow truck, towing the car.
The witness claimed that he asked the officers if they were able to locate the driver and they responded to the negative and he left. The prosecutor wanted to know what the witness observed on the car, in as far as damages were concerned. He submitted that the rear window was shattered, roof damaged and shaped like a gable and the left head lamp was also damaged.
“I could not see other damages because it was at night. He claimed that he noticed the damages at the back of the car because they allegedly searched for the occupant in the boot, with the assumption that maybe he was thrown there on impact.
Thereafter, the witness alleged that in the early hours of Sunday, he went with his brothers to attend a funeral at Malindza and along the way, he told them about what he had seen the previous night. He claimed that one of his brothers allegedly supposed that maybe the driver alighted from the car and ran away.
Assumption
With that assumption, he submitted that on Monday ( May 10, 201), at around 10am, he decided to start his search ( for the driver) from Mzimnene River ( below accident scene) and go up a donga to the scene of accident. He alleged that about five metres up the donga, he recovered a wheel of the car, which was damaged. He submitted that it had a rim and shock absorber holder. He submitted that he took it home, allegedly because he knew that the police would talk to him if they needed anything as he had given them his cellphone number.
The prosecutor asked him how he knew that he tyre belonged to the car in question and he alleged that one of the damages he spotted on the car, but forgot to mention, was that the front left wheel was missing.
He submitted that on Thursday, May 13, 2021 in the late morning hours, he received a call from a police officer who identified himself as Mngometulu from Manzini Police Station and he asked his whereabouts. He alleged that he told the officer that he was at home and he invited him to the accident scene.
At the accident scene, the witness alleged that he found a lot of people and that was when he discovered that the body of the driver had been discovered. He submitted that he recorded a statement thereafter.
He added that at night on the same day ( Thursday May 13, 2021), he called officer Mngometulu and told him that he forgot to hand over a tyre of the car, which he found around the accident scene. In response, he alleged that Mngometulu said he was already at home, but he promised to send some officers to come and collect it. He alleged that the officers eventually came for the tyre the following day ( Friday or Saturday) and they recorded another statement before asking him to go and show them where he found the tyre.
Thereafter, the prosecutor wanted to know if on the day of the accident, was there any other car which was chasing the one which veered off the road and he responded to the negative. In fact, he submitted that he only saw the car which veered off the road.
Afterwards, Advocate Mabila asked him if he recalled that he took an oath before giving his evidence, that he would tell only the truth and the witness responded to the positive. “So, you will agree with me that anything that will be different from what you have told the coroner will be a lie?” the advocated asked.
Agreed
In response, the witness agreed. Thereafter, Advocate Mabila asked him which of his alleged lies they should believe, between the one he told the coroner or recorded in a statement on May 13, 2021 or the statement of May 17, 2020. The lawyer said he was saying this because what he told the coroner was allegedly not consistent with what he recorded in the statements. “There are material contradictions. It cannot all co- exist. One of it should be a lie. So, choose which lie should we believe and question.” the advocate said.
The witness submitted that when he came to the witness box, he took an oath that he would speak only the truth and what he submitted was what he saw. However, the advocate maintained his question as to which version they should believe between what he had just told the coroner and what he recorded with the police ( statements).
“I do not think there is a difference,” Makhanya replied.