Senior cop confuses coroner, let go
MATSAPHA – The Coroner, Senior Magistrate Nonhlanhla Dlamini, excused a senior police officer from the inquest after she felt that his evidence confused and did not convince her.
This transpired yesterday during the ongoing inquest into the death of Thabani Nkomonye, where Assistant Superintendent Mfanimpela Mazibuko from the Operational Support Services Unit (OSSU) was cross-examined by Advocate Mduduzi ‘Tsotsi’ Mabila.
Before cross-examining the senior police officer, the advocate played some video clips taken during Nkomonye’s memorial service, which ended in mayhem. Mazibuko is one of the senior officers who led the OSSU officers during the operation.
When playing the video clips, Advocate Mabila submitted that he wanted to verify when the police arrived at St Paul’s Sports Ground, where the memorial service was held, and observe if there was any volatile situation there. He mentioned that he wanted the officer to explain why they entered the sports ground, prove that they fired only one tear gas canister and explain why he claimed that he did not see the memorial service tent.
After the advocate had finished cross-examining the witness, the coroner asked the technician to restart the video clip at 11 seconds. The coroner again asked Mazibuko if he did not see the memorial service tent and he said he did not.
Thereafter, she said what she had seen in the video clip was that the police vehicle (Casspir) they were using on the day, was elevated and there seemed to be someone who appeared at the top of the vehicle.
“What made you not do see the tent, which was in the vicinity, since your vehicle is bigger that the ordinary cars which were parked at the venue?” the coroner asked.
Vehicle
She added that as police, they went there to assess the situation and the person who appeared above the vehicle did so for a reason. In response, Mazibuko admitted that indeed the vehicle they were using was big.
However, Mazibuko submitted that it was an armoured vehicle, and this allegedly made it difficult for someone who was inside it to see things that were a bit far through its windows.
The officer claimed that they could only see things which were closer.
He submitted that at the top of the vehicle, there was an opening, which they used to look around when they worked as they could not see things which were far through the windows.
“However, during the incident, no one used the opening because the people were too violent,” the witness claimed.
The coroner and advocate asked the technician to replay the video clip and they both said there seemed to be a person appearing from the top of the police armoured vehicle as it entered the sports ground.
However, the argument from the witness and prosecution was that video was allegedly not clear to say there was a person.
At the same time, Advocate Mabila wondered if the witness wanted the coroner to believe that they ran into the sports ground, which was full of people, using their vehicle yet they could not see things that were far.
Thereafter, the coroner told the witness that she was confused because their mission was to protect and maintain peace and order.
She said she believed they were supposed to take action after proper observations and added that the witness had also submitted that they entered into the premises of the sports ground twice.
“I am a bit confused. Let us excuse the witness, I do not think there will be a reason to recall him,” the coroner said.
As a result, the witness was excused and he left the witness box. Subsequently, the sitting was adjourned for the day.