The Newcastle Regional Court this week heard harrowing medical evidence in the murder trial of four former CPF members accused of fatally assaulting 26-year-old Khulekani Hlatshwayo on Christmas Eve 2022.

Ismaeel Dhalech, a former CPF chairperson, along with co-accused Ebrahim Adams, Mahomed Ashraf, and Yaseen Mohamed, were granted bail in 2024 for the murder in December 2022 of Hlatshwayo, who had been brutally beaten and died on the way to hospital.

On Tuesday (September 9), forensic pathologist Dr Marek Stawicki testified that while Hlatshwayo suffered multiple external injuries consistent with a whipping-type object, such as a sjambok, his immediate cause of death was aspiration – choking on his own vomit while in a low state of consciousness.

Dr Stawicki explained that more than 100 visible injuries were found on Hlatshwayo’s body, including significant bruising to the left side of the skull. His airways were filled with stomach contents, a sign that he had vomited while unable to protect his airways.
“Fluid would not leak so deep into the airways on its own,” said Dr Stawicki. “The deceased vomited his stomach content, and the strong acidity of the fluid would have damaged his lungs.”

Pressed by state prosecutor Mazibuko on whether the complications could have arisen without the beatings, Dr Stawicki replied: “Anaesthetics, alcohol or a head injury can reduce consciousness, but I did not smell alcohol on the deceased.”

During cross-examination, defence attorney Ravindra Maniklall argued that the photos of the deceased did not clearly show sjambok injuries, suggesting instead the possibility of a plastic pipe.

Dr Stawicki maintained that the injuries were typical of a long, flexible weapon: “I gave a sjambok as an example; I did not say it was one.”

Maniklall also questioned whether earlier medical treatment might have prevented Hlatshwayo from choking. Dr Stawicki confirmed this could have “decreased the chance of it happening,” but reiterated that aspiration was a “significant contribution” to his death.

Referring to state witness, Jowhara Mohamed’s statement that Hlatshwayo jumped over her boundary fence after the CPF members had allegedly beaten him, Maniklall asked if Hlatshwayo had been able to jump a fence if he had suffered an assault that led to bleeding on the brain and him choking on his vomit, to which Dr Stawicki answered ‘no’.

Defence representative Zubair Chothia raised the issue of Hlatshwayo’s drug use, asking whether toxicology tests were carried out.

Dr Stawicki said he noted needle marks and offered to perform a toxicology report after the post-mortem, but no kit was provided by the investigating officer until after the post-mortem findings.

State witness Mfanafuthi Dludlu’s testimony will be published in next week’s edition of the Newcastle Advertiser.

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