The High Court in Pretoria has ruled that the confessions and pointing outs by accuse one Muzi Sibiya and accuse two Bongani Ntanzi, are admissible and will be admitted as evidence in the main murder trial of Senzo Meyiwa.
This after the two contended during a trial within-a-trial that they were severely tortured, tubed and forced to sign the confessions and participated in the pointing out at the crime scene.
But after a three month of listening to arguments and testimonies in a trial within-a-trial, Judge Ratha Mokgoatlheng disagreed with the two accused.
“The confession made by accused number one was made freely and voluntarily without any coercion when accused number one was in his firm, sound, and sober senses.
The confession made by accused number two in respect of the said confession been taken by Magistrate Cronje, the court rules that it was made freely and voluntarily without any coercion when accused number two was in his full and sober senses.
“Also, the confession made before Colonel Raphudi was also made by accused number one1, freely and voluntarily without any coercion when he was in his sound and sober senses,” ruled Mokgoatlheng.
The judge also dealt the two a blow on the pointing out at the crime scene.
“Also, the pointing outs made by accused number two before Colonel Hadebe were made freely and voluntarily without any coercion when accused number two was in his full and sober senses,” added the judge.
Mokgoatlheng said the ruling was made after a careful analysis of all the evidence that both the state and the defence led in court in the trial within a trial.
Meanwhile, the National Prosecuting Authority (NPA) has welcomed the ruling.
“The NPA welcomes the ruling handed down by the Pretoria High Court, that the confession statements made by accused #1 Muzikawukhulelwa Sthemba Sibiya, and accused #2 Bongani Sandiso Ntanzi, in the Senzo Meyiwa case were admissable.
The Judge also found that the pointing out made by Sibiya was admissible,” said NPA spokesperson, Lumka Mahanjana.
Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli, are facing charges of murder, attempted murder, robbery with aggravation circumstances, possession of firearm and possession of ammunition.
The main trial will resume on Friday.
