Trial within a trial for three accused

NELSPRUIT – The trial within a trial continued in court this week after the men accused of shooting a man in the neck in 2010, claimed police brutality. The three accused appeared in the Pretoria Circuit High Court in town.

Mr Isaac Sebokuboku Phala (29), Mr Calvin Tjatji (24) and Mr Tshepo Seloane (23) have pleaded not guilty on charges of murder, robbery with aggravating circumstances, possession of an illegal firearm and ammunition.

All three have claimed police assaulted and tortured them for their statements . Yet previously in court, Const Ernest Vuma Mgwambi testified that he found Tatji and Seloane were already in police custody for other criminal cases against them. He then tracked down Phala at his house through Tjatji.

He said all three suspects saw a doctor before they did their pointing out for the police of the crime scenes. He then handed the court the J88 medical reports as evidence that the accused were not injured.

He also verified that they were read their constitutional rights before they made their statements. “They were all very co-operative and willing to give their testimonials to a senior police officer but did not want to make statements to a magistrate.”

According to the charge sheet, On August 22 that year, a Modikwe Mine worker Mr Madingwana Max Matlou (43) was driving on the R37 between Lydenburg towards Burgersfort when he stopped to pick up a hitch-hiker who was Phala.

The charge sheet also stated that Tjatji and Seloane were hiding in the bushes when the deceased stopped his silver Toyota Corolla. The report also stated that Phala then drew a weapon and pointed it at Matlou and ordered him to stop. Matlou tried to run away, but Phala shot him in the neck.

The report also stated that all three of the accused dragged Matlou’s body out of the vehicle and left him in the middle of the road. He died shortly afterwards of his wound.

His body was later found in the middle of the road. The trial continues.