Forensic Investigator Expected To Conclude Evidence In Matlala Trial-Within-A-Trial
Sergeant Thabiso Mohale is expected to finish his evidence on Wednesday morning as the defence continues challenging the lawfulness of Musa Kekana’s arrest and evidence obtained afterwards.
A police forensic investigator is expected to conclude his evidence on Wednesday morning in the trial-within-a-trial involving Vusimuzi “Cat” Matlala and four co-accused.
Sergeant Thabiso Mohale is the sixth witness to testify since the defence began challenging the State’s case, with particular focus on the circumstances surrounding the arrest of accused one, Musa Kekana.
Matlala, his wife Tsakane, Kekana, Floyd Mabusela and Nthabiseng Nzama face a combined 25 charges, including conspiracy to commit murder and attempted murder.
Mohale’s evidence has focused largely on photographs he took inside the Mercedes-Benz Viano in which Kekana and Michael Pule Tau were travelling when police arrested them.
His testimony has also introduced a potential discrepancy concerning the circumstances of a subsequent search of Kekana’s property.
Dispute Over Gate Remote
Captain Phimi Sekgobela, the second witness in the trial-within-a-trial, previously testified that Kekana permitted him to enter and search his property without a warrant after his arrest.
According to Sekgobela’s evidence, Kekana used a remote control from his pocket to open the property’s gate.
Mohale, however, told the court that a blue gate remote visible in photographs he took at the scene was not removed from the Viano.
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He said the remote remained inside the vehicle until he left the scene to join other officers at Kekana’s house.
The evidence could support the defence’s version that police gained entry to Kekana’s property by force, rather than after receiving his permission to enter.
The issue is significant because the defence is challenging the circumstances of Kekana’s arrest and the evidence obtained in its aftermath.
Evidence From Other Police Witnesses
Mohale’s account also corresponds with evidence previously given by Lieutenant-Colonel Tumelo Tsotetsi, who was present at the scene of Kekana’s arrest.
Tsotetsi had defended Sekgobela’s account while acknowledging discrepancies in the evidence. He attributed the differences to a possible lapse in memory, telling the court that Sekgobela had a substantial amount of work to deal with that day.
Mohale’s evidence concerning the remote control therefore places another account before the court regarding what happened between Kekana’s arrest and the police officers’ arrival at his property.
The court will ultimately have to assess the competing versions and determine what weight should be attached to the evidence presented during the trial-within-a-trial.
Challenge Under Section 35(5)
The Johannesburg Times has learned that the defence’s challenge relates to the admissibility of evidence obtained following Kekana’s arrest and invokes Section 35(5) of the Constitution.
Mohale is expected to conclude his testimony on Wednesday morning. The defence will then continue presenting its challenge to the State’s account of the arrest and the circumstances surrounding the evidence obtained afterwards.
The proceedings are taking place within a trial-within-a-trial, meaning the court is examining the disputed circumstances and admissibility of evidence before determining how that evidence may be treated in the main criminal proceedings.
