Defence questions cop on blood of deceased at Marikana crime scene

The murder trial of former North West deputy police commissioner William Mpembe and five other cops continued on Thursday morning with State’s witness Lieutenant-Colonel Moses Mushwana being cross-examined about the presence of blood on one of the deceased.

Mushwana is attached to the Local Crimes Records Centre and compiled forensic evidence and photographs of the scene where chaos erupted at Lonmin K3 shaft in Marikana – three days before the infamous massacre in August 2012.

Mpembe and his former colleagues – Salmon Vermaak, Nkosana Mguye, Collin Mogale, Joseph Sekgwetla and Khazamola Makhubela – have pleaded not guilty to the charges they face.

The former deputy police commissioner faces four counts of murder and five of attempted murder, News24 reported.

Mpembe is alleged to have unlawfully and intentionally shot and killed Semi Jokansi, Thembelakhe Mati, Hendrick Monene and Sello Lepaaku.

He and Vermaak also each face a charge of defeating the ends of justice and another of giving false information under oath before the Farlam commission of inquiry into the Marikana massacre between 2013 and 2014.

Vermaak’s lawyer, Kobus Burger, wrapped up his testimony in the court before Judge Tebogo Djadje – quizzing Mushwana on his sketch of the scene. He also questioned why it was out of scale.

Henko Scholtz, who represents Mpembe and Vermaak’s co-accused, focused on the photos of one of the deceased, Phumzile Sokhanyile, whom he said he would refer to as the “deceased”.

News24 previously reported retired police officer Rapheso Masinya testified about detailed video images which showed blood spilt on the ground, bloodied bodies, two fatally injured police officers and three miners.

The deceased were later identified as Semi Jokansi, Sokhanyile, Thembelakhe Mati, Hendrick Monene and Sello Lepaaku. Scholtz’s clients are directly being linked to Sokhanyile’s death.

He questioned who Mushwana was with when he captured Sokhanyile’s body and worked on the scene. Scholtz said it was interesting he did not see any significant blood from the deceased in the photo album submitted to the court.

In trying to prove there was blood on the deceased, Mushwana referred Scholtz to other pictures in the album. He put it to the witness the deceased looked like he had been stabbed.

The photos showed the deceased with a panga in one hand. Scholtz questioned whether it was not strange that the panga had no blood on it when he (the deceased) was killed with the weapon on him.

“So, is there nothing strange to you that this panga has no proof that there was even a single blood drop on it whilst the deceased was lying there seemingly then, flowing blood out of him?”

Mushwana said the blood was coming from the deceased’s face while he had the panga in his one hand.

Again, Scholtz put it to the witness that the observation from Mushwana was “strange”.

When he questioned whether Mushwana had taken a photo of the blood on the ground without the deceased there, he said he did not, adding such a picture would have been necessary.

Mushwana said taking photos of blood was, however, not his discipline.

Scholtz added a photo showing the blood would have been essential.

He argued the blood on the deceased was in different spots and form in the various photos submitted to the court.

“I want to put it to the witness that the format of the blood, or alleged blood, is looking completely different and in a different direction when the deceased was turned on his back.

“I want to put it to the witness that the blood pattern is not consistent [in the photos].”

Scholtz also questioned whether Mushwana was present when the body was removed from the scene, and he agreed.

Mushwana said he had searched the area next to the deceased and found no cartridge cases.

Scholtz questioned for how long the witness had searched, and he replied that for about an hour-and-a-half.

The trial continues.

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