POLOKWANE – The pig farm double murder trial has resumed in the Polokwane High Court on Monday and is expected to run until Thursday, after last being heard in February.

The court will continue with a trial-within-a-trial to determine whether a confession allegedly made by accused one, Zacariah Olivier, is admissible as evidence.

A disputed confession

The matter was postponed to this week after an intense three-day hearing from February 25 to 27, during which the main trial was temporarily halted to deal with the disputed confession.

During the February proceedings, the state called several witnesses, including investigating officer Captain Phaladi Makola, to testify about the confession allegedly made by Olivier in terms of Section 217 of the Criminal Procedure Act.

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According to the State, Olivier confessed that he alone was responsible for the murders of Maria Makgato and Lucadia Ndlovu, who were allegedly killed in August 2024 at Onvervaght Farm in Sebayeng.

Defence challenges admissibility

However, Olivier’s lawyer, Advocate Jacobus Venter, challenged the admissibility of the confession, arguing that it was not made freely and voluntarily. He told the court that his client’s constitutional rights had been violated because Olivier had already informed police that he had legal representation before the statement was taken.

During cross-examination, Venter accused Captain Makola of promising Olivier and co-accused William Musora that they would be released if they confessed.

Makola denied the allegation, maintaining that no promises or inducements were made. He testified that Olivier voluntarily admitted responsibility for the crimes and allegedly stated that accused two, Rudolph De Wet – who has since become a state witness – had no knowledge of the killings.

The charges

Olivier and Musora have pleaded not guilty to charges including:

• Two counts of murder
• Attempted murder
• Defeating the ends of justice

What happens next

Judge Jane Ngobeni postponed the matter to this week, when the court hears further evidence before deciding whether the confession can be admitted as evidence in the main trial.

Both accused remain in custody.