Allegations of torture and assault have taken centre stage in a trial-within-a-trial in the Bhisho High Court, where one of the accused in the murder of a University of Fort Hare (UFH) bodyguard claims he was beaten and threatened with death to force a confession.
The court is determining the admissibility of a confession allegedly made by Mthobisi Khanyile, who was arrested in KwaZulu-Natal on April 6 2023, and made his first court appearance on April 11.
Khanyile’s version, put to the court through cross-examination of the lead investigating officer, Sergeant Accasius Mokoena, is that he was severely assaulted by police in Mokoena’s presence.
Khanyile alleges Mokoena told him to confess to the murder of Mboneli Vesele or risk being killed, allegedly saying police were “legitimate hitmen” and that no-one would follow up.
Vesele, the bodyguard of UFH vice-chancellor Sakhela Buhlungu, was shot dead in Dikeni on January 6 2023.
According to Khanyile, when he refused to confess, police brought a rope, a blanket and a Woolworths bag into the room and forced him to undress.
He claims he was handcuffed, tied with a rope from his ankles to his shoulders, wrapped in a blanket and assaulted by officers, who kicked him with booted feet.
He further alleges that a choking device was used on his ankles and neck, causing a burning sensation, and that he eventually agreed to confess to stop the assault.
He claims Constable Nokukhanya Ndlovu told him what to say before a commissioning officer.
Mokoena has strongly denied the allegations.
He told the court that Khanyile began making admissions during questioning and that he stopped him, advising him to repeat the statement before a commissioned officer.
He conceded that Khanyile was not taken before a magistrate, saying it was outside working hours.
Captain Gerhardus Swart, who recorded the confession at the Cambridge police station, testified that Khanyile’s rights were explained to him and that he agreed repeatedly to make the statement.
Swart said parts were given in English and others in isiZulu, with a sergeant interpreting, and that the statement was read back to Khanyile.
Swart denied that Khanyile appeared injured or that he was threatened in his presence.
Khanyile, along with Zimele Chiliza, Nkosiyazi Maphumulo, Bafana Chiliza, Thamsanqa Mgwetyana, Lindokuhle Manjati, Phelisa Nkonyeni and Isaac Plaatjies, has pleaded not guilty to charges including murder, conspiracy to murder, unlawful possession of firearms and ammunition.
Some accused also face charges of defeating the ends of justice.
The trial continues.
Daily Dispatch
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