Defence disputes evidence in lesbian murder trial

2009-10-08 09:59

The defence in the murder trial of nine men accused of killing

Zoliswa Nkonyana (19) in 2006 because she was a lesbian has disputed the

admissibility of evidence allegedly linking one of the nine accused to the

murder scene.

This led to a trial within a trial taking place in the Khayelitsha

Regional Court yesterday after Advocate Xolisile Ndinisa, who is representing

accused Luyanda Londzi (21) claimed that the investigating officer, Detective

Melvyn Geldenhuys, had obtained evidence incriminating his client

unconstitutionally.

Ndinisa said Geldenhuys had taken takkies belonging to the accused

unlawfully. As a result, he objected to DNA results of the blood found on the

takkies being admissible as evidence.

Ndinisa claimed Geldenhuys did not have a search warrant and it was

therefore unconstitutional for him to take the takkies without the permission of

either Londzi or his parents, who were present when Geldenhuys arrested Londzi,

now 21, on February 21, 2006.

Ndinisa further said that Londzi’s arrest had been unconstitutional

because he had been 17 at the time and his parents should have accompanied him

to the police station when he was arrested.

Testifying as a defence witness, Londzi’s father, Fumanekile

Londzi, claimed that the police were not cooperative on the day of the

arrest.

He said police had come to his house on the day in question and,

without asking for permission, walked into his son’s room. He said Geldenhuys

later come out of the bedroom carrying the takkies in question and said they

were going to be used as evidence.

Londzi, who also took the stand, said he wad sleeping when the

police arrived and asked him to open up his closet. “I did not see the search

warrant. He (Geldenhuys) did not ask for permission to search the house.”

Isaacs put it to Londzi, however, that Geldenhuys had not opened

the closet himself and that he (Londzi) had given the takkies “freely and

voluntarily”.

“I put it to you that you are lying and not telling the truth.”

Londzi said he did not have any comment on this statement.

No decision was made on the evidence and magistrate Raadiyah Wathen

postponed the trial to today. – West Cape News


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