The latest round of cross-examinations in German tourist Jörg Schnarr’s murder trial revealed apparent cracks in the State’s case.

Contradictions in the Mpumalanga High Court, specifically pertaining to the pointing out conducted by Colonel Moses Thobela with the first accused, Napoleon Joseph Nyalungu, suggest the investigation and arrests may have been rushed.

Murder ‘to settle debt’ soils SA tourism’s reputation
Nyalungu and his co-accused, Marshall Cebo Mamba and Bongumusa Fortunate Matsane, face charges of murder, attempted murder, attempted robbery with aggravating circumstances, contravention of the Firearms Control Act for the unlawful possession of ammunition as well as contravention of the Riotous Assemblies Act for conspiring to commit robbery with aggravating circumstances.

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In the summary of substantial facts, the State claims that at about 16:00 on October 3, 2022, the accused, driving a Volkswagen Golf, pulled up to the minibus elderly German tourists Schnarr, his wife Verra, Andrea Nuchter and her husband Reiner were travelling in towards a lodge on the Numbi road.

The suspects allegedly blocked the tourists’ way, forcing them off the road.
Jörg was driving the minibus and tried to reverse. As he did so, two men got out of the VW Golf, pointed firearms at them and fired shots.

As Jörg was struck by a bullet in the upper body, he lost control of the minibus and reversed into the Hero’s Academy school wall nearby. He died instantly and with that, the accused fled the crime scene empty-handed.

In the days following the incident, Nyalungu allegedly sold or exchanged the vehicle used in the commission of the offence to pay off his debt to a certain Sifiso Shabangu.

Whatever the motive for the crime was, it had farther reaching consequences. Tourism is among South Africa’s key economic drivers. As news of the crime reverberated around the world, the police came under pressure to make speedy arrests.

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The bigwigs at the time, police minister Bheki Cele, the national police commissioner, General Fanie Masemola, the Mpumalanga police commissioner, Lieutenant General Semalakeng Manamela and the MEC for commuity safety, security and liaison, Vusi Shongwe, were drawn out to personally visit the scene on October 5 – two days after the killing.

While the American Embassy warned its citizens to avoid the Numbi Gate when visiting the Kruger National Park, then tourism minister Lindiwe Sisulu condemned the crime and called on law enforcement to act. Her department went as far as considering closing Numbi Gate.

Contradictions in court
While the arrest of three suspects within days of ‘this callous act’ would have restored public confidence locally and abroad, contradictions in court have raised concerns over the prospect of successful convictions.

During the last two sittings on Friday and Monday, Nyalungu’s private defence attorney, Amos Kumalo, shone the spotlight on a series of apparent contradictions in testimony given by various police officers and eyewitnesses. These pertain specifically to the pointing out with accused one, Nyalungu, on October 22, 2022.

First was the issue of who had handed Nyalungu over to Thobela for the pointing out. While Thobela maintained Nyalungu was handed over to him by a Constable Magumane, Kumalo argued that in Magumane’s testimony, Nyalungu was taken to a Captain Mabuza instead. With this, Kumalo brought into question the legitimacy of the pointing out.

Next on the chopping block was the location of the pointing out. Based on alleged discrepancies between Thobela’s notes and photographic evidence, Kumalo argued the pointing out was done at a location other than the crime scene.

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According to the indictment, the German tourists’ minibus had reversed into a wall at the Hero’s Academy school. However, the school does not appear in any of the photos taken during the pointing out with accused one. Thobela eventually conceded he was seemingly let down by his photographer.

The page containing Thobela’s notes on Hero’s Academy was also brought into question. Kumalo argued the defence had only received it on Friday morning, suggesting it was not part of the original docket and might have been fraudulently added later.

However, state prosecutor Fedile Tsotsetsi rebutted the argument, saying the page was part of the original docket and the mistake may have crept in when making photocopies for the defence.

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When it came to the timeline of events, Kumalo argued Thobela was ‘economical with the truth’ and that he had ‘sucked the times along his notes out of his finger’. This as the timeline given in Thobela’s evidence in chief differed from that given by another police officer.

Thobela testified that while his cellphone was switched off and in his pocket during the pointing out, he wore a digital wristwatch on his left arm that he used to make notes of times.

However, Kumalo pointed out that the watch was not visible in any of the photos in which Thobela appeared.

Thobela once again blamed his photographer for taking photos from far away, to which Kumalo asked whether the photographer also took away his watch. Thobela did not comment.

Alleged coercion and more possible delays
As in a previous session, Kumalo once again raised the issue of coercion. He argued that Nyalungu had been assaulted prior to the pointing out by two police officers who were also present at the occasion.

The officers allegedly forced Nyalungu to agree to doing the pointing out by suffocating and choking him using a plastic bag.

Kumalo further argued that Thobela had fabricated the answers that appear on the pointing out form and had forced Nyalungu to sign by threatening to hand him over to the officers outside (those ones who had allegedly assaulted him) if he did not.

Kumalo argued that Nyalungu had signed out of fear of further ‘torture’. Thobela rebutted Kumalo’s arguments as false.

While the trial is nearing its end, the prosecutor is due to start another matter on Monday October 21, which means further delays may be on the cards.

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