Cops failed to exercise diligence
MANZINI - The police officers who conducted a search at the accident s cene of Thabani Nkomonye a day after the accident allegedly did not do due diligence.
This was the view of the Coroner, Senior Magistrate Nonhlanhla Dlamini, which she said after she learnt that the officers spent about five minutes on the search. The coroner leant about this from Constable Siphamandla Nkabinde, a police officer who is stationed at the Matsapha Police Station under the Traffic Department who also submitted that they did not search beyond where the car landed.
He submitted that the search took place on Sunday May 9, 2021 after he and two other officers were instructed to search the accident scene to find anything that would give them clues about the occupants of the vehicle or find them.
The police officer is witness number 15 in the ongoing inquest into the death of Thabani Nkomonye and in his evidence on Thursday afternoon; he was led by Prosecutor Fikile Dlamini, who asked him to narrate what were his duties on May 9, 2021, pertaining the matter before the Coroner, Senior Magistrate Nonhlanhla Dlamini.
The officer claimed that on May 9, 2021 at around 5:30pm he clocked in at work together with Constable Malaza and Constable Simelane. Thereafter, the prosecutor asked to direct him by saying there was evidence before the coroner that he, together with the two officers he had mentioned, were directed to drive to Nhlambeni where an accident had occurred to look for anything that could lead to the discovery of the occupant( s) of the car.
He submitted that they got the instruction from Sergeant Ntombikayise Sithole and the instructions were that they should see if they could find the occupants of the car.
He alleged that when they arrived at the accident scene, he found skid marks where the car had veered off the road and they went down the slope to where the car landed. He claimed that as they went down the slope, they found a green beer bottle and pieces of the broken rear window of the vehicle.
Again, he claimed that he found a tree, which looked like a shrub and it had been pruned, which was a sign that was where the car landed during the accident. He submitted that he then looked around the accident scene, especially where the car left marks as it rolled.
“I found nothing that could give me clue as to who was the driver of the car,” the witness submitted.
Thereafter, he alleged that he then followed the marks which were left by the car when it was being towed. Even there, he submitted that he got nothing that would give him a clue about the driver of the vehicle.
Afterwards, he alleged that he then took his cellphone and called Sergeant Sithole, whom he reported to that as per her instructions, they had searched the scene and found nothing that could tell them who was the driver or the passengers of the vehicle. He alleged
‘‘ He alleged that when they arrived at the scene, he found skid marks where the car had veered off the road and they went down the slope to where it landed”
that he inspected the scene together with his colleagues.
When leading him in his evidence, the prosecutor asked the witness to tell the coroner where exactly they searched and he claimed that they looked where there were marks.
Again, the prosecutor asked the witness if he had an opportunity to be at the scene when the body of the deceased was discovered and he responded to the negative. Then the prosecutor told him that they had a sketch plan which was drawn by officer Kunene, who was the investigator of the matter and the witness was given a copy. He was then asked where they searched when looking at the sketch plan and said they looked from where car veered off the road, followed the marks of the car to where the car landed.
The prosecutor asked him if he meant that they did not go beyond where the car landed and he responded to the positive. She added that there was evidence that another witness ( Makhanya), went to the scene on the following Monday and he recovered a wheel of the car. She asked him what he could say about that.
In response, he said the area where the accident happened; there was a donga, which could make it difficult for someone to see other things. The prosecutor said it was a pity because Makhanya had not shown the coroner where he found the car tyre.
BODY MISSED FROM 17M
The witness was also asked if they searched beyond where the car landed and he claimed that their search ended where the car landed. Again, the prosecutor showed the witness where officer Kunene said the body of the deceased was found and that he submitted that the distance from where the car landed to where the corpse was discovered, was 16.8 metres, which was about 17 metres. She then asked him what he could say about that because he went to search at the scene.
“Your Worship, we concentrated to