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Judgment day in pig farm trial as confession ruling looms

The Polokwane High Court will rule today on whether Olivier's disputed confession can be used as evidence in the Limpopo pig farm murder trial.

POLOKWANE – The Polokwane High Court is set to hand down judgment today, Thursday, in the trial-within-a-trial linked to the double murder at the Onverwacht farm outside Polokwane.

At the centre of the ruling is whether an alleged confession by 61-year-old farm owner Zachariah Olivier can be used as evidence in the main trial.

What the trial-within-a-trial is about

Olivier, along with two co-accused, stands trial for the killings of Maria Makgato and Lucia Ndlovu. The State alleges the two women were shot dead and their bodies fed to pigs after they were reportedly found taking expired dairy products from Olivier’s farm two years ago.

Prosecutors argue that Olivier’s confession was given freely and voluntarily. But Olivier disputes this.

Olivier’s version

In his testimony, he claimed investigating officer Captain Phaladi Makola – who is also a state witness – promised him a reduced sentence if he admitted to the murders. He further alleged he was told his co-accused, farm supervisor Rudolf De Wet and employee William Musora, would be released if he took responsibility.

Olivier said he went along with the arrangement so that De Wet and Musora could look after his business and his wife, who is unemployed, while he served time.

State says Olivier embellished evidence

Wrapping up arguments on Wednesday, State prosecutor Advocate George Sekhukhune asked the court to reject Olivier’s version.

He submitted that the accused had embellished his evidence and raised new claims about Makola that were never put to the officer during cross-examination.

Sekhukhune also told the court that Olivier was properly informed of his constitutional rights at the time of arrest, including the right to legal representation.

He said Olivier elected to continue without a lawyer before making both a warning statement and the alleged confession.

Defence says state failed to meet requirements

Olivier’s lawyer, Advocate Jacobus Venter, argued the State had not met the requirements for admitting a confession in terms of Section 217 of the Criminal Procedure Act.

“A confession must meet three requirements: it must be made freely and voluntarily, in sound and sober senses, and without undue influence,” Venter said.

“In my submission, the State has failed to discharge that burden. The confession should therefore be excluded.”

Watch prosecutor’s closing arguments

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Koketso Sekhwela

Koketso Sekhwela has five years’ experience in the media industry having worked in print and broadcast community newsrooms. Sekhwela is an alumnus at the Universities of Venda and Johannesburg and a post-graduate student at her first alma mater for her studies in the media business. She occupies pages one to three, which is considered the hard news section, in the bi-weekly Bonus Review and the weekly Polokwane Observer. Her news consists of real crime, politics and socio-economic stories that impact the people of Polokwane, Seshego, Mankweng and their immediate outskirts. WhatsApp her on 067 863 5099 for a potential story.

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