A former medical officer at Edenvale Hospital has told the Johannesburg High Court that she found no evidence that accused number one, Musa Kekana, was assaulted or suffocated by police during his arrest in April 2024.
Dr Pooja Panicker was testifying in the high-profile trial-within-a-trial involving alleged underworld figure Vusimuzi “Cat” Matlala and his four co-accused.
Matlala, his wife Tsakane, Kekana, Floyd Mabusela and Nthabiseng Nzama face 25 charges, including attempted murder and conspiracy to commit murder.
Kekana’s defence has alleged that police violated his constitutional rights by beating, tying up and suffocating him during his arrest. His legal team has also claimed that the alleged assault resulted in blood stains on his T-shirt. Police witnesses have denied the allegations.
Panicker told the court that Kekana presented with respiratory problems when she examined him on 17 April 2024.
However, she said his condition was consistent with an alcohol overdose, which had resulted in a decreased level of consciousness and respiratory failure.
The trial-within-a-trial seeks to determine the admissibility of evidence obtained during the police investigation and whether the accused’s constitutional rights were violated.
Proceedings were briefly disrupted earlier when disbarred advocate Malesela Teffo told the court he intended bringing an application on behalf of all five accused, claiming they were being treated unfairly.
Judge Cassim Moosa dismissed Teffo’s intervention and ordered him to leave the courtroom.
Moosa told Teffo that although he was free to approach the Deputy Judge President or Judge President, any application would ultimately have to be dealt with by the trial court.
“The court has made an order. You may stand down,” Moosa said.
The accused reportedly expressed frustration over the intervention, with some heard telling their lawyers that Teffo was wasting their limited court time.
Panicker was only available to testify on Monday because she is travelling overseas and is expected to return in mid-September.
