Murder accused’s ‘constitutional rights violated’

He claims his rights were not read to him when he told the police at both stations what had happened

The constitutional rights of a man accused of murdering his 26-year-old wife were violated, according to Lwazi Yengaphi’s legal representative at the East London high court where a trial within a trial is under way to determine the admissibility of state evidence.

Yengaphi was arrested after he drove to the Buffalo Park police station on May 14 2020 with his dead wife Athule on the rear seat of his car and confessed to shooting her, allegedly in self-defence.

His rear window had three bullet holes, which a ballistic expert said had been made from outside the car.

He claims to have shot his wife from inside the car after he heard her cocking a firearm.

Before he went to the station at about 3pm, he first visited the Duncan Village police station to report the matter, but was sent to Buffalo Flats because of jurisdiction.

He claims his rights were not read to him when he told the police at both stations what had happened and when he went with police to point out the crime scene.

This is disputed by the state. Three state witnesses testified before judge Michelle Beneke on Thursday.

The first witness, detective Warrant Officer Mthuthuzeli Ntliziyo, stationed at the Buffalo Flats police station, testified that Yengaphi had been read his rights.

He said even at the JG Vorster Stadium, the alleged crime scene, Yengaphi had been “reminded” of his rights.

Under cross-examination, Ntliziyo admitted he was not commissioned to do a pointing out. A commissioned officer ranks from a captain and above.

He said he had been given a “mandate” by Captain Nolubabalo Tunzi, now retired, who had also been at the scene.

Yengaphi’s attorney put it to Ntliziyo that whatever took place at the stadium had been in direct violation of his clients ’ constitutional right. Ntliziyo said: “I can agree.” Another witness, Sergeant Babalwa Dlilanga-yako, also stationed at the Buffalo Flats police station, said she had been called to Tunzi’s office and Yengaphi had told her what had happened.

She said Tunzi, who was a detective head, had not said anything about the rights of the accused.

“She commanded me to go to the car with the accused and check if what he said was true,” she testified.

At that point also, the officer said, Yengaphi had not been told his rights.

When probed by Pakade, the officer said he had asked Yengaphi to open the car “with an intention to verify what he was saying and go back and tell my commander”.

She said the accused had complied and “showed me everything”.

She said she had been commanded to verify, not to do a pointing-out.

“I’m not commissioned to do pointing out, but I was following commands. I did not give him any rights,” she said.

The last witness, Warrant Officer Mzwabantu Tshemese, stationed at the community service centre at the station, said Yengaphi had come wanting to see a station commander.

The commander had not been there so he had called another constable to accompany him to Tunzi.

He said only he and the constable had been at the charge office. He had not taken down the accused’s name, nor would he be able to identify him, he said.

But Pakade said what puzzled him was that Tshemese had deposed his police statement early on Thursday, more than two days later.

Pakade also put it to Tshemese that Yengaphi had not been received by him at the station, which Tshemese denied.

Tshemese said he had not asked why Yengaphi needed to see the station commander because “that is not allowed”.

Pakade said: “If he testifies, [he will say] he was attended to by Sergeant Wili and he requested the station commander, but Sergeant Wili inquired from him what he was looking for the station commander for.”

Tshemese said that had not happened in his presence.

The trial continues on Friday.