A new state witness has told the Johannesburg High Court that police never read him his rights or told him he was under arrest when he was detained alongside accused number one Musa Kekana in Kew in April 2024.
The evidence emerged on Monday during the trial-within-a-trial involving alleged underworld figure Vusimuzi “Cat” Matlala, Kekana, Tiego Floyd Mabusela, Tsakani Matlala and Nthabiseng Nzama.
The five accused face 25 charges, including attempted murder, conspiracy to commit murder and money laundering.
The witness, a custom car builder whose identity is being withheld, told the court he had gone to Kekana’s home to collect a magazine when police suddenly descended on the property.
He said he was standing outside the gate discussing a rim with Kekana while another accused was sitting in a car when several police vehicles arrived.
“I saw two to four police cars. Police officers jumped out of the cars, shot a few shots, told us to get down and then we were cuffed. They took my gate key,” he testified.
The witness said the incident left him shocked and that he was detained for the entire day.
He further testified that police confiscated his cellphone, which was only returned to him about a year later.
According to the witness, officers never explained that he was under arrest or informed him of his rights.
“They never read me my rights and at no point did they tell me I’m arrested,” he said.
Two other witnesses also appeared before the court, including the former Bramley police station commander who was in charge at the time Kekana was hospitalised at Edenvale Hospital.
The officer told the court he could not transfer Kekana to South Rand Hospital because it was about 23 kilometres away.
Kekana was later discharged from hospital and returned to police custody.
The evidence forms part of a trial-within-a-trial, a separate legal process in which the court determines whether disputed evidence obtained during an arrest or detention was lawfully obtained and can be admitted in the main trial.
