Lion-accused back behind bars
2005-01-27 13:12
Phalaborwa - The bail of lion-murder accused Mark Scott-Crossley's was revoked in the Phalaborwa circuit court on Thursday after he was accused of intimidating a witness.
Scott-Crossley will stay in prison until the end of his trial after the court found he had interfered or threatened to interfere with a witness.
Judge George Maluleke ruled that witness Forget Tsako Ndlovu had been telling the truth when he accused Scott-Crossley of grabbing his T-shirt and muttering something inaudible to him as he left the court at the close of proceedings on Tuesday.
Also credible was the evidence of crowd-control policeman, Inspector Patrick Mangolele, who watched Scott-Crossley head directly for Ndlovu, corroborating what had happened next.
All contradiction in their evidence was whether Scott-Crossley then jabbed Ndlovu with his forefinger or wagged his forefinger at Ndlovu - and this was an immaterial difference, Maluleke found.
Scott-Crossley had testified that on leaving the dock he collided with a person who may have been Ndlovu and apologised, saying "sorry mfowethu" (sorry brother) and as he did so, hushing the person with his hand to indicate he was sorry.
His brother, Shaun Scott-Crossley, testified that when he saw Scott-Crossley walking to his legal counsel Johann Engelbrecht SC, who was sitting in court, he grabbed him by the arm and dragged him outside to where their father was waiting.
As he did so, they both collided with people. He turned and saw his brother saying sorry to someone and saw him raise his arm to apologise.
The judge said Scott-Crossley had been adamant that he had not told his counsel that he said "sorry boetie" to the person he collided with.
Although realising his counsel was putting the wrong version to witnesses, Scott-Crossley had waited until he was called to give evidence to correct it.
This appeared to be an "afterthought" or an "ingenuous papering over of a crack", the judge said. '
Witness 'felt threatened'
In contrast, there was no reason advanced to indicate there was any motivation on the part of Ndlovu to falsely fabricate evidence against Scott-Crossley.
Evidence was that Ndlovu felt threatened or intimidated by him.
Scott-Crossley and his co-accused, Richard "Doctor" Mathebula, 41, and Simon Mathebula, 43, have all pleaded not guilty to killing, Nelson Chisale, 43.
The Mathbula's remain in custody.
Scott-Crossley was granted R250 000 bail on December 28 after spending the better part of a year behind bars following several unsuccessful applications for bail.
Maluleke further ordered on Thursday that the R250 000 cash and shares ceded to the state by Scott-Crossley in posting bail be returned to him.
Although the order was made in the face of strenuous objections by state prosecutor Ivy Tsenga, she conceded she did not have a problem with the finding "as long as the witnesses are not going to be intimidated any more".
Maluleke refused an application by Engelbrecht for leave to appeal.
- SAPA