Witness IDs accused

2003-06-10 12:16

Bisho - A distraught witness identified two out of four young men appearing in the Bisho High Court on Monday accused of abducting and murdering a pupil in Mdantsane last year.

Lydia Mankwente's body, which had severe cuts, bruises and broken bones, was found dumped in the Mdantsane NU2 rubbish dump on September 4.

She had been repeatedly raped and her body driven over numerous times on the night of September 3. Her companion Sithembele April was robbed of clothing and assaulted.

Four young men - Simphiwe Nivathi, 18, Nqaba Mabhoza, 20, Vusumzi Msuthu, 18, and a minor appeared before Judge Yusuf Ebrahim in the Bisho High Court on Monday. The minor is 17.

They are charged with murder, robbery with aggravating circumstances, rape and kidnapping - to which they have pleaded not guilty.

Two of the accused were found guilty last Wednesday of the brutal attack on researchers Michelle Dold and Dr Isla Grundy on September 2.

Defence attorneys in the Mankwente case did not object to the handing in of a post-mortem report, a statement and affidavit relating to forensic evidence, and an affidavit from DNA analyst Superintendent Sharleen Otto.

State advocate Frans Kruger requested that the record of the bail proceedings at Peddie magistrate's court be handed in.

Nivathi's attorney, Hashmooglal Lalla objected, saying no explanation about their rights was given to the accused. Lalla said this meant the admissibility of the bail application was in question.

A nervous April, who resisted looking at the four young men, testified that he was walking towards a house in Mdantsane NU2 with Mankwente when a red Toyota Tazz appeared in front of them. Six young men alighted from the car and came towards them.

"One of them pointed a firearm against my head and told me to take off my lumber jacket and t-shirt," April told the court. "They also took my cap."

He said he heard one of them saying, as they were about to leave, "let us also take this female". Mankwente was forced into the car.

"Lydia told me to also get into the car and I was about to open the door when one of the men pushed me with the door of the car and I fell down," April said.

The men drove away and then drove back towards April and asked him what he wanted.

"I said I wanted my house key and phone card."

April grabbed the key from the man in the passenger seat because it was already in his hand.

"Then one of them in the back seat said shoot this shit," he claimed. "I moved back and they drove away."

April went to Mdantsane NU1 police station to report the incident, but was told to come back the next day. The following day police took him to Mankwente's house, but they were told she had not come home.

On his return to the police station he saw a young man wearing his t-shirt in a police combi. From the dock April pointed out this person as Mabhoza.

He also said he recognised Nivathi as also being in the combi and as being the one who had pushed Mankwente into the car.

He later changed this to say that Nivathi was wearing the t-shirt and Mabhoza was in the back of the combi.

April's lumber jacket was recovered later that day, allegedly at Mabhoza's house in Slovo Park.

Inspector Vusumzi Mqomboti of the serious and violent crime unit said he went to Mabhoza's house where he found the jacket hanging on a nail on the wall.

The trial continues on Tuesday.

- SAPA