The investigating officer, whose car movements have come into sharp focus around the time accused No 2 in the Senzo Meyiwa murder trial claims he was tortured, used a different car on some of the crucial dates.
The State has told the court that Sergeant Vusumuzi Ntanzi, who transported Bongani Ntanzi on the day he claims he was tortured into making a confession, was not driving the Toyota Fortuner – the vehicle tracking records of which are before the court – on the 5th, 22nd and 24th.
The state has told the court that Sergeant Vusumuzi Ntanzi, who transported Bongani Ntanzi on the day he claims he was tortured into making a confession, was not driving the Toyota Fortuner – the vehicle tracking records of which are before the court – on the 5th, the 22nd and the 24th.
The defence has demanded the state to make those records available.
“My lord, I do have questions for the witness, but I would like to place this on record that the AVL bearing the records of the 22nd of June 2020 was not discovered to the defense on the reasons that the said motor vehicle that the witness is testifying about was not used on that day, as per the state. And the 24th of June 2020; it has also been said by the state that the said motor vehicle was not used on that day,” says Advocate Thulani Mngomezulu for accused No 1 and No 2.
On the 22nd of June, three days after his first alleged confession and two days before his alleged second confession, Ntanzi was, according to Mogane, transported to the Tlhabane Magistrate’s Court in Rustenburg as well as to the dentist.
Two days later, he was taken to the Boksburg Magistrates Court, where the court heard that Ntanzi made his second confession before Magistrate Vivian Cronje.
Listen to the full exchange below:
The vehicle tracking records of these two crucial dates are not contained in the document before the court and the defense, who has claimed Ntanzi was tortured at several locations and coerced into signing a prepared confession statement, has demanded their availability.
Mr Baloyi, I understand Mr Mngomezulu says you gave him a verbal reason as to why the two days … where are the records of this vehicle, because you say it wasn’t used, but you haven’t given him proof that it wasn’t used.
Let me put it on record, we did explain to (Mr Mngomezulu) on the 5th of June as well as the 24th of June, a different vehicle was used. The 5th of June when the pointings-out of accused 1 were conducted.
Judge: But this gentleman was not the driver?
Baloyi: Well, he was the driver.
Judge: Of which vehicle?
Baloyi: A different vehicle was used.
Judge: Yes, but you have the registration number. Yes, but why don’t you discover that information?
Baloyi also confirmed that Mogane was the driver of a different car on the 24th when Ntanzi was taken to Boksburg.
“You have to discover that evidence,” ordered the judge.
The court is hearing arguments on the admissibility of confession statements by accused 1 and 2, pointings-out by accused as well as warning statements by accused 3, 4 and 5.
Yesterday, the vehicle tracking records seemed to pour cold water on Ntanzi’s claims of torture on their way to Moroka Police Station when he claimed the police made several stops in different locations where he ensured severe beating as the police forced him to sign a confession statement.
The records have showed no stops on the police’s way to Soweto on that day. However, in a new turn of events, Mogane for the first time, told the court that after leaving Moroka Police Station and having travelled to Vosloorus where Ntanzi was initially scheduled to appear in court, they drove back to Moroka Police Station from Vosloorus.
He says this was because his colleague, the late Sergeant Steven Mabena had forgotten his keys and a USB drive at the station. This, according to Mogane, was before they drove to Ntanzi’s residence on the same day.
Previously, Mogane had told the court that they had driven to Phokeng from Vosloorus and had never made mention of a second trip to Moroka Police Station.
Proceedings were cut short on Tuesday as the state promised to make available the missing evidence and the trial will resume on Wednesday.