State roasted in Tatane trial
2012-12-11 22:32
Ficksburg - The State had failed as prosecuting body in
the trial of seven policemen accused of killing Ficksburg protester Andries
Tatane, their lawyer said on Tuesday.
The seven would bring an application against the State
for unnecessarily delaying the case, if it did not mend its ways, Johann Nel
told the Ficksburg Regional Court.
"We would ask for an investigation into the failure
by the State as a prosecuting body."
The officers individually face murder or assault charges
after local resident Tatane was killed, allegedly by police using rubber
bullets, during a local service delivery protest in April last year.
Nel said the trial was set down for three days from
Monday, but the court only sat for about three hours before the State asked for
a postponement to next year.
"The application would follow if the State showed
any failure to again present any witnesses."
This week it was anticipated that two State witnesses
would be called in the trial of the men. Only one State witness was called.
Earlier, magistrate Hein van Niekerk wanted to hear from
the State why Tuesday's sitting started late, putting it on record that he was
only called for the hearing at 09:55.
Asking for the postponement to March next year,
prosecutor Sello Mathloko said the State intended calling only the
investigating officer as a possible last witness.
Before the lunch break, the prosecution stopped short of
declaring the State’s only witness for this week hostile.
Mathloko was leading evidence by Captain Matshidiso
Lesomola. He was deployed as an observer to the protest march in Ficksburg.
A frustrated Mathloko surprised Van Niekerk when he asked
to make an application to declare the witness hostile.
"The State was not aware of the hostility of the
witness," said Mathloko.
"You want to discredit your own witness?" asked
Van Niekerk, indicating he did not perceive the witness as hostile.
Mathloko said Lesomola's testimony was not the same as
his statement to the Independent Police Investigative Directorate (Ipid) a few
days after the shooting.
Mathloko said Lesomola had read through his statement on
Monday, but did not indicate that it contained discrepancies, as he claimed on
Tuesday.
Lesomola testified he had not willingly made his
statement to Ipid. He said after watching a video of the protest two
investigators threatened him. Lesomola said he reported the threats to his
senior officer.
Asked to identify some of the accused in a police video,
Lesomola was unable to do so.
He nevertheless identified three senior police officers,
colonels, who were present on the scene on the day of the shooting.
During a short cross-examination by Nel, Lesomola
testified that Tatane was aggressive during his arrest.
Van Niekerk postponed the trial to 4 March 2013.
- SAPA
