Judge to decide on hearsay evidence in murder case

2010-02-05 11:18

ACTING Judge N Pandya will decide today whether he will admit

hearsay evidence in the murder trial of Avhatakali Netshisaulu, the son of

former City Press editor Mathata Tsedu.

If he allows the evidence, it will allow the prosecution to use

each accused’s statements to question the other.

Prosecutor advocate M Papachristoforou brought a hearsay evidence

application to enable her to use the statements made by each accused to cross

examine the other accused.

Lawyers for the accused, Nthabudzeni Matsenene, Sello Arnold and

Netshisaulu’s wife Mulalo Sivhidzo opposed the application in the South Gauteng

High Court yesterday.

The lawyers for Matsenene and Arnold argued that their clients had

made confessions and not admissions while Sivhidzo’s lawyer said that it would

violate her client’s rights if she was cross examined on the statements of the

other two accused.

The application can only be allowed if the statements are

admissions and not confessions.

Papachristoforou quoted from the statements of all the accused to

prove that the statements amounted to admissions and not confessions to the

crime.

According to Matsenene’s statement he met Sivhidzo in October 2006

and she told him that she wanted to kill her husband.

Matsenene claims that he did not want to kill Netshisaulu but said

he would find people to do so. He was promised R4 000.

In Arnold’s statement he said he was there when the deceased was

cornered and brutally killed but claimed that he did not take any part in the

killing.

According to his statement, he only “took his wallet and cellphone”

and received R500 from the R5 000 he said they withdrew from the deceased’s bank

account.

Sivhidzo claims in her statement that she was called by a man known

as Tambi who asked her how life was at home. She told him her “husband was

cheating on me and I was afraid that he will leave me and there was no love in

the house”.

According to the statement, Tambi suggested that they kill her

husband and he assured her that everything would be under control.


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