Officers testify on ‘assault’

JOHANNESBURG: The police officers who allegedly assaulted three men accused of a double murder and rape at Rhodes Park have testified in a trial-within-a-trial at Palm Ridge Magistrate’s Court.

The trial is being held to decide the admissibility of certain evidence in the case.

Edmore Ndlovu, 23, Thabo Nkala, 25, and Mduduzi Lawrence Mathibela, 32, all claim they were severely assaulted and pressurised to give statements implicating them in the crime, and were also forced to do the pointing out at the park.

Judge Papi Masopa dismissed Nkala and Ndlovu’s claims after they gave contradicting testimonies.

Their lawyers then failed to prove the alleged assault. Both their statements were read out in court as part of evidence.

Mathibela’s lawyer, Portia Phahlane, told the court his client said he was first assaulted by the investigating officer, who then told him what he must say when he made his statement.

Lieutenant-Colonel Samuel Dlamini, who wrote Mathibela’s statement, took the stand and explained that as part of procedure he asked Mathibela if he had been assaulted, forced or promised something in return for his confession.

He said Mathibela denied being assaulted or threatened.

Phahlane said his client did notify Dlamini about the assault and also mentioned he did not tell other officers because he was scared but his reports were ignored by Dlamini.

“I did inform the accused that he’s not forced or compelled to make a statement. He said he was not assaulted or threatened in any way. I have no knowledge about his assault,” Dlamini said.

“To me he was calm and at ease throughout the entire time. He appeared as a free person and willing to make a statement.”

Masopa asked Dlamini what would he have done if he had learnt the accused was assaulted.

“I wouldn’t have taken the statement. I would have sent him back with the officers who had brought him and then informed the branch commander,” Dlamini said.

Mathibela’s lawyer also told the court his client was beaten on the way to do the pointing out at the scene.

“My client says police stopped somewhere and took him out of the car and they were met by other police wearing berets, and they kicked and punched him several times while he was handcuffed at the back,” he said.

Lieutenant Msatshwa Molefe, who drove with Mathibela to Rhodes Park, denied his claims.

“We never stopped anywhere on our way to Rhodes Park,” he said.

The matter was postponed to December 5 to allow Mathibela to testify concerning his alleged assault.