May 9 findings at scene allegedly not documented
MANZINI - The accident scene findings of Sunday May 9, 2021 were allegedly not documented. This was revealed when Lawyer Gigi Reid cross- examined Constable Siphamandla Nkabinde during the inquest into the death of Thabani Nkomonye on Thursday. The lawyer asked t he witness t hat s i nce he had been in the police force for nine years, he knew the reporting procedure and he responded to the positive. Thereafter, Reid said after Sergeant Ntombikayise Sithole had given him instructions to go to the accident scene, what did he do when he came back.
In response, the police officer submitted that he reported back to the sergeant who had sent him and he believe it was her who was supposed to know what should be done after he had reported that nothing was found.
However, Rei d a s k e d what h e reported to Sergeant Sithole when they came back from carrying out the instructions she had given them; which was to see if they could find anything that would give them clues about the occupants of then car. “I reported to her ( Sithole) that we found nothing that can give us a clue as to who was the driver of the car was,” the witness claimed.
However, the lawyer said she was a little bit confused as to whether the officers were sent to the scene to look for something that would give them identities of the driver and occupants or to find them. She said she was confused because in the car there were things that could have assisted the police to know the identity of the driver, like his bag and cellphone.
Therefore, he asked the witness to clarify what exactly they were sent to look for at the scene because she had evidence that they were sent to look for clues and try to see if they could find the occupants. “Your Worship, we were sent to look for something that could assist us to identify the driver and occupants as no one was found inside the car after the accident,” the officer submitted.
However, the lawyer said she was surprised to find that Nkabinde’s evidence went directly against that of Sergeant Sithole, who submitted that she ( Sithole) sent them to see if they could find clues that would assist them to find the occupants of the vehicle.
COP SHIFTS RESPONSIBILITY
Nevertheless, Reid asked the witness if he documented his findings when he came back from the assignment. In response, he claimed that in his mind he thought the person who was supposed to continue with the matter was the sergeant who had sent them to the accident scene. He said the sergeant was supposed to use her knowledge on what was supposed to be done under the circumstances.
However, the coroner told the witness that the question was did he document his findings when he came back and in response, he alleged that there was nowhere they could document it. He then claimed that they usually recorded in writing when they had found something which was of value. “Was it not of value that you visited the scene?” Lawyer Reid asked.
In response, he submitted that it was of value. Thereafter, the lawyer asked if it was not supposed to be documented and in response, the witness claimed that the docket was supposed to be recorded by the investigator.
Again, the lawyer asked who had the responsibility of recording what he and his colleagues had found on
May 9, 2021 at the scene in the investigation docket and he submitted that he was supposed to document it.
Thereafter, Reid asked the witness if he recorded the findings in the docket and he submitted that he did not record it. The lawyer asked him why he did not record it and he claimed that in a traffic docket it was the investigator who took up the matter until it goes to court. “I am asking why you did not record your findings in the docket because you just said it was your duty to do so?” the lawyer asked.
In response, the witness claimed that the docket was not with him, but with the investigator of the matter. The lawyer said the investigator was working at the same police station, which meant that the docket was there, but he felt not compelled to record the findings. “That is negligence. It is alarming negligence,” the lawyer said.
However, the witness submitted that he did not agree with what the lawyer was saying because during those days, there were riots and they were deployed to different points where they staged roadblocks.
However, the coroner said she was wondering if even on Sunday, May 9, 2021, the officer was at a strategic point, but he responded to the negative. The lawyer emphasised that it was negligence because he knew that after visiting the scene, he was supposed to record it, but he chose not to. She said he could have even recorded it on the following day as they usually did. “I had reported the findings to the officer who had sent us to look for the clues,” the witness replied.
Still, the lawyer maintained that the officer allegedly omitted to do his duty. She said even if there was a tsunami, he ought to have recorded the findings. However, the officer submitted that he did not agree with the lawyer.
Thabani is the 25- year- old man, who went missing on the night of Saturday May 8, 2021 after the car, a Mazda II Demio, which he was driving, was involved in a road traffic accident at Nhlambeni, along the Mhlaleni/ Nhlangano Public Road. After the accident, his body was not located. It was eventually discovered five days later, on May 13, 2021 and it was about 17 metres from where the car was found.
The delay in the discovery of Thabani’s body raised questions among society and diverse insinuations were shared on social media platforms. This resulted in the # JusticeForThabani movement, whereupon t he members of the public demanded answers from the police. Thereafter, the acting Prime Minister ( PM), Themba Masuku appointed a Coroner, Senior Magistrate Nonhlanhla Dlamini to l ead an i nquest i nto t he death of Nkomonye.