Mr Hendrik Potgieter, advocate to the accused Messrs Robert Clack (acc7), Elkin Shabangu (acc10) and Titus Maila, claims that two of his clients were tortured during their custody in hopes of getting a confession out of them.
The SBV trial continued on Monday November 14 after a week long break the previous week.
In court proceedings on November 15, W/O Allan Wood was brought to the stand to testify as state witness in respect of Clack’s confession on May 19, 2014.
Before taking to the stand Potgieter first approached Clack to have a word in whisper.
W/O Wood testified that he was responsible for bringing Clack to and from the holding cells and cell block during his questioning.
Potgieter questioned W/O Wood on the ledger used as a detention register and cell register, specifically the times that Clack was booked into and from the holding cells – he was also reminded that he should have kept a pocket entry of the times as this was part of the regulations, which he did not do on the day.
“I received instructions from my client that he was tortured at a set of offices by police and others. He further said he was not held in any holding cells,” said Potgieter.
Potgieter went on to say that his client claims that W/O Wood was present in the office when his client was tortured.
W/O Wood in his defence, said that he was never part of the investigation and was only responsible for bringing the accused in.
Judge Bart Bam then excused W/O Wood from the stand and Mr Hein van der Merwe, Public Prosecutor from the Director of Public Prosecution then called W/O Petrus Zeeman to the stand to testify in regards to Shabangu.
Zeeman was questioned as to how he had involvement in the matter, he responded that he is part of the investigating team along with three other members and that he wasn’t physically involved in Shabangu’s arrest but was telephonically notified of the arrest. Shabangu was arrested in Nelspruit on May 18, 2014 at about 02:00 in the morning.
During questioning Judge Bam reminded Potgieter that he need not make statements that are already on record and pressed him to continue with his questioning.
“My client claims that there were at least 13 white men and two black men in the room, he also claims that he was tortured and suffocated with a plastic bag while he was detained,” said Potgieter.
“I was not aware of this,” said W/O Zeeman.
Potgieter then explained that his client at the fear of being suffocated agreed to confess.
Mr Ike Motloung, attorney to accused three, Mr Elmond Jakkie Matlala, posed the question,
“Are you aware of a search carried out at my client’s home on May 8?”
In response he said he was unaware of the search being carried out at the house on May 8 but was aware that a search was being carried out. He further added that he was involved in the decision of the arrest of Matlala but not in the arrest itself.
Ms Leona Fraser was next to question W/O Zeeman and said before court that he questions pertained more to the trial within a trial being held in regards to her client Mr Nathaniel Hlathi (accused 11).
“Police were informed by accused one that there was money at accused 11’s home,” she stated.
She then alleged that gunshots had been fired by police, W/O Zeeman denied this in saying he did not recall any gunshots being fired. He was then questioned as to the presence of a warrant of arrest and specifically referred to the date of May 25, the date her client was arrested for the second time.
“I can recall the exact date but there was a difference between the two arrests,” said W/O Zeeman.
Fraser spoke with Judge Bam explaining that there was a relevance to her questions, Judge Bam in turn said that if need be could they recall the witness in the trial within a trial regarding her client.
Proceedings were put on hold for tea. Court proceedings are expected to continue throughout the rest of the week for the conclusion of the trial within a trial and to call three witnesses forward to testify on behalf of the state.
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