Forced to confess, claims accused
AN ADOPTED son claimed at the Durban High Court this week that his signed confession in a double murder case was done out of fear after a policeman threatened him.
The State has alleged that Lwazi Nelson Danca, 25, hired his friend, Mlungisi Ndlovu, 26, to murder his adoptive father, Willem Cordier, 65, on March 15, 2019.
This came after Ndlovu allegedly bludgeoned Euvette Taylor, 30, a Durban University of Technology employee, to death at his flat on a campus residence a month earlier.
Ndlovu allegedly stole Taylor’s VW Amarok and some of his possessions, fetched Danca from his home in Berea where he lived with Cordier, and they then drove to umlazi to sell the stolen goods.
The pair have been charged with two counts of murder and robbery with aggravating circumstances.
This week’s proceedings before Judge Mfuniselwa Elijah Nkosi centred on a trial within a trial.
The State, represented by advocates Yoliswa Nyakata and Annelize Harrison, led various witnesses to affirm the authenticity and ultimately convince Nkosi to accept Danca’s confession.
Attorney Maggie Pillay, Danca’s legal representative, argued that her client was coerced by constable Wonderboy Mkhize into making the confession. She called Danca to testify on Friday. Danca said Mkhize arrested him on November 23, 2019.
“He (Mkhize) grabbed my hand and said I was under arrest,” said Danca.
That’s when Danca signed a set of documents (notice of rights form) handed to him by Mkhize, and which was explained to him in English, his preferred language.
As Danca was about to be placed in a Berea SAPS holding cell, he claimed Mkhize grabbed him by his belt and said: “No lawyer is going to help you now.” He was then moved to Durban Central police station, where Mkhize visited him in the company of another male. “Mkhize took out a phone and played a voice note recording. He asked me to make a confession by repeating what was said in the voice note,” he said.
Danca said he reiterated to Mkhize that he “did nothing wrong”.
“Mkhize said if I don’t say these things there will be other methods he will use to make me say what was in the recording,” he said.
Danca doesn’t recall being asked by Mkhize to contact anyone at that stage.
After being examined by district surgeon at Addington Hospital, Danca was later taken to Lieutenant-colonel Sibusiso Didi to have his testimony recorded, as he had the authority to do so.
Didi, who was also based at Durban Central, was a witness led by the State earlier this week.
Danca told Didi that he had come to his office to make a confession. He said Mkhize told him that Didi was a senior officer who could record the confession.
Danca confirmed he cried while making the confession.
“Yes, I cried, but I didn’t tell Didi why. I wasn’t comfortable because the threat made by Mkhize was still in my head,” he said.
Danca did not inform Didi about the threat during the lengthy interview session because he did not trust him and was wary he could alert Mkhize.
He confirmed he gave Didi a version of what happened according to the voice note.
Danca also said that Mkhize had never assaulted him.
Before his first court appearance on November 25, 2019, Danca said Mkhize got him to sign some documents, but did not explain what they were about.
During her cross-examination of Mkhize on Thursday, Pillay questioned him about his handling of the investigation and his procedural shortcomings. Cordier was stabbed numerous times during the attack.