Accused 1 in the Senzo Meyiwa murder trial, Muzi Sibiya, was sober, not assaulted, never promised anything and never expected any benefit when he made a confession in relation to the murder of the former Orlando Pirates goalkeeper.
The court says it can only rule on the admissibility of the confessions after all the arguments have been made.
Judge: I only find in favour of the law. I am only a servant of the law.#SenzoMeyiwa #SenzoMeyiwatrial #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 13, 2023
Without getting into the contents of the confession statement, the state on Friday morning dealt with the circumstances leading up to the confession and after the confession.
Judge: You have never challenged your client’s arrest. He appeared in the regional court, appeared before Judge Maumela and appeared before me. The client pleaded and you confirmed that your instructions are propers. Is that not so?
Ramosepele: That’s so. #SABCNews #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 13, 2023
Retired Colonel Mhlanganyela Moses Mbotho, who says he’s taken down about 100 confessions in his whole career, says Sibiya was relaxed and cooperative when volunteered his confession a few hours following his arrest on the 30th of May in 2020.
Judge: You have never challenged your client’s arrest. He appeared in the regional court, appeared before Judge Maumela and appeared before me. The client pleaded and you confirmed that your instructions are propers. Is that not so?
Ramosepele: That’s so. #SABCNews #SenzoMeyiwa
— Sipho King K Kekana (@KingKAzania) October 13, 2023
Mbotho, who received a call from the lead investigator Brigadier Gininda about Sibiya’s arrest and will to tender a confession, says when he met Sibiya at the Diepkloof Police Station on that evening, the man for KwaNongoma told him that he was arrested in the afternoon while he was on the street in Tembisa.
“I greeted him and offered him a chair while he was handcuffed and I showed him my appointment certificate. He requested me to remove my mask. I removed my mask and after he confirmed me on the appointment certificate, I put it back. I warned him as per the constitution that he was not forced to make the statement and tell me what would incriminate him, that everything would be used against him in court,” says Mbotho.
According to Mbotho, Sibiya was informed of his right to legal representation but chose not to have one.
Mbotho says the accused seemed relaxed and was cooperative throughout the whole process. #SABCNews #SenzoMeyiwa #SenzoMeyiwaTrial
— Sipho King K Kekana (@KingKAzania) October 13, 2023
He says the only injuries he remembers on Sibiya were on his wrists as a result of tight handcuffs but before he took down the confessions, he loosened the cuffs.
“He was informed he had the right to remain silent and that anything he said could be used against him in a court of law and then he said he understood. He was also informed he had the right to consult his legal representation of his choice or the state lawyer and he said he didn’t need a lawyer.”
Under cross-examination, Mbotho denied all allegations of torture.
Ramosepele: Did you ask him about other injuries?
Mbotho: No, I dind’t. I asked him about injuries and he only mentioned the one on his writs. I didn’t ask to examine him.
Ramosepele: Was the interview recorded.
Mbotho: No, it was not.#SABCNews #SenzoMeyiwa #SenzoMeyiwatrial
— Sipho King K Kekana (@KingKAzania) October 13, 2023
Ramosepele: He says when you came into the room where he was being assaulted. The assault stopped and you called him to the side and you had documents which you told him if he didn’t sign the assault was going to continue.
Mbotho: That is far from the truth. If he says the assault stopped when I came in, it would mean I found them in the room. But they found me in the room. And there was no assault that took place.
The retired police officer says it is questionable that the accused would have been assaulted in Tembisa, Vosloorus and Soweto, as claimed by his defence counsel, before he gave a confession in Soweto, saying he would have been brought to Soweto in an ambulance if that was the case.
Mbotho says he was in the room with Sibiya for more than two hours and everything contained in the statement was from his statement. He says he can’t claim he forgot to mention during that time that he had been assaulted by the officers who had brought him to Soweto.
“Then he should have told me. I asked him and he didn’t say that. He can’t even say he forgot to tell me because I asked him.”
He shot the assertion by the defence that he brought the confession statement already typed and that all Sibiya did was to sign it.
Ramosepele: He says the process didn’t even take 10 minutes because all he did was sign because you came with this document prepared.
Mbotho: My lord, let’s use logic. Where would I have got this information. I got all this information from him, step by step. I wasn’t going to allow him to be tortured and I just ask him to sign. I would be disrespecting the constitution.
Ekurhuleni Metro Police officer Nakedi Monareng, a constable who transported Sibiya to Diepkloof, denied any knowledge of torture and being part of the team that arrested Sibiya in Tembisa earlier in the day before the confessions.
The trial will continue on Monday in Mnisi’s absence and Judge Ratha Mokgoatlheng says he will get the opportunity to listen to the records and he will be afforded to cross-examine all the witness that will testify in his absence.
