Cross-examination of state witness Sibonelo Vilakazi continued at the Middelburg High Court today.
Zenzele Mzikayise Yende (48), Werner Potgieter (48), Moses Dlamini (59), Masodeni Elliot Msongelwa Dlamini (61), Cornelius Lourens Greyling (26), Sikhumbuzo Zikalala Nhlabathi (25), Mzwakhe Dlamini (48), and Nkosinathi Msibi (26) are accused of the alleged murder of Sifiso Thwala and Musa Nene, and the alleged attempted murder of Sthembiso Thwala on August 9, 2020. They are also facing kidnapping charges.
Vilakazi was being questioned by opposing counsel on his statement he made to Warrant Officer Nhlapo and his evidence in court.
Counsel said his statement and his evidence in court were contradictory because in his statement, he did not mention who took out one of the victims from the Toyota Corolla to be assaulted, but mentioned in court that it was Nkosinathi. Vilakazi responded by saying the only error he made was forgetting to mention that aspect, but that it was indeed Nkosinathi who took out one of the victims from the car.
He further added that at the time he made the statement, he could not recall certain aspects of the incident, but he now had a clearer memory of what transpired that day.
According to opposing counsel, Vilakazi’s evidence in court contradicted his statement to Nhlapo on various aspects. Vilakazi replied that on the day he made the statement, Nhlapo told him he may forget some of the things that happened that day, but advised him that should he remember anything, he must mention it in court, but be careful not to mention things that never happened.
Vilakazi had testified in court previously that on the night of the incident, Msongelwa instructed him and Nkosinathi to fetch rocks for him, which they did. Msongelwa then allegedly took one of the rocks, placed it on the ground, took Thwala’s foot, and placed it on the rock. He then allegedly proceeded to take another rock and hit Thwala on the foot, multiple times, until he bled.
It was Msongelwa who allegedly used pliers on Thwala to further assault him.
Counsel then asked Vilakazi why he didn’t say in his statement that it was he and Nkosinathi who fetched the rocks and took off Thwala’s shoes. Instead, Vilakazi told Nhlapo that it was Msongelwa who did that.
Vilakazi responded that the officer must have recorded it wrong, because he told Nhlapo that he and Nkosinathi were the ones who fetched the rocks and took off Thwala’s shoes, on Msongelwa’s instruction.
Counsel then told him that the contradictions in his evidence in court and his statement were lies. Vilakazi replied by insisting that he had never told lies, although some confusion might be there between the two statements.
More witnesses are expected to testify next week, as the trial is ongoing.
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Daleen Naude
www.citizen.co.za
