Court-appearance alibi comes under scrutiny in trial of murder accused

THE investigating officer in the case of six men accused of the brutal torture and murder of Floris Kruger in 2010 said yesterday she had found no indication that two of the accused had appeared in court during the time the murder had been committed.

Khangelani Matebe, 27, and Fundile Nqwensu, 22, presented the alibi as part of their notguilty plea. They said they had appeared in the St Albans Court on a stock theft charge at the time of Kruger’s murder.

Detective Warrant Officer Antoinette Weyers said yesterday she had checked the court registers but found no evidence of the claim.

Matebe, Nqwensu, Luyanda Nkolose, 27, Mzuvukile Foli, 26, Fuzile Kosana, 25, and Athenkosi Mtshayisa, 22, are charged with kidnapping, murder, housebreaking with the in- tention to rob, robbery with aggravating circumstances and the unlawful possession of a firearm and ammunition.

The state alleges they broke into Kruger’s home in La Marseilles Road in St Albans on August 31 2010.

The state alleges they proceeded to ransack the house and torture Kruger throughout the night.

Weyers said that when an accused appeared at the court, the person signed in at the first gate before entering a second gate leading to the courtroom.

“I could not find their names there but they could have passed through the second gate without signing – some people can get past the second gate without signing in.

“Their names appear there and it states that the charge had been withdrawn but nothing indicates that they appeared.”

She conceded that she did not see the charge sheet and did not speak to the investigat- ing officer involved in the stock theft case. Richard Crompton and James Riley, who represent Matebe and Nqwensu respectively, said they had received instructions that their clients had appeared in the St Albans Court on September 1 2010.

They said both men had arrived at court before 9am and had signed in, receiving tickets, before leaving at about 12.30pm.

“If they were not, there it would have been noted that the case was withdrawn in their absence and a warrant for their arrest would have been issued,” Riley said.

Weyers said she had taken over as investigating officer for the case in September 2011.

She said she could not access any information regarding the cellphones of the accused as the previous investigating officer had not requested the information from the SAPS technical support unit.

The trial continues today.