Johannesburg - A trial-within-a-trial continued at the Palm Ridge Magistrate's Court to decide the admissibility of certain evidence pertaining to the double murder and rape at Rhodes Park in Johannesburg.
Edmore Ndlovu, 23, Thabo Nkala, 25, and Mduduzi Lawrence Mathibela, 32, all claim they were severely assaulted and pressurised to give statements implicating them in the crime which made headlines last year after a gang of men attacked two couples and drowned the husbands in a lake and sexually assaulted the wives.
The three accused also claim they were forced to do the pointing out at the park.
Judge Papi Masopa has already dismissed Nkala and Dlov' s claims after they gave confusing and contradicting testimonies. Their lawyers also failed to prove the alleged assault by police and both their statements were read out in court as part of evidence.
Mathibela has since taken the stand and told the court about his alleged assault after he was arrested.
Mathibela's lawyer, Portia Phahlane, told the court that his client said he was first assaulted by the investigating officer, Bruce Van der Schyff, and told him what he must say when making a statement.
"I was arrested in Pretoria and then taken to Cleveland police station the next day and later on booked out and taken to Yeoville police station where I was shown pictures of men and I was told that I must say they were my friends. Then Van der Schyff told me what to say when giving a statemenet admitting to the rape and murder."
Mathibela told the court that he was strangled and kicked and felt helpless and then agreed to do everything he was told.
"Van der Schyff told me I must also tell the court that I'm a robber and I don't even have a job except committing crime," he said
"After a couple of days I was taken to Germiston to make a statement. I told the officer I was assaulted and immediately his demeanour changed. He was impatient and didn't pay attention to what I said and played with his phone," Mathibela continued.
He said the officer seemed informed about the case and never gave him the statement to read after writing it but instructed him to sign and also provide his thumb print on the pages.
Mathibela, who was wearing a white long sleeve golf shirt with caramel chino pants and Lacoste sneakers, told the court that Van der Schyff also told him police were going to be rewarded heftily for arresting him.
However, State prosecutor Monde Mbaqa attacked Mathibela's testimony and questioned him about the number of police officers that allegedly assaulted him and how they did it.
Like Nkala and Ndlovu, Mathibela also kept referring to "JB" as one of the police officers who had assisted in beating him.
"But Mathibela, you didn't mention anything about JB until I asked about him," countered Mpanza
"I didn't mention him because the court knows. A lot of things were said in court, people were paid to lie against me and also take my DNA to the crime scene," Mathibela said.
"People were offered rewards to arrest me. People wanted to make money out of me," he continued.
Mpanza then asked Mathibela where he got this information.
"Don't pretend as if you don't know. You know that you will get hundred thousand to pin me into a crime I didn't commit," Mathibela retorted.
"Mathibela you are quite a talker. You are asked one simple question and you give a lot of unnecessary details," said Mpanza.
"I want to know who was giving out money for my arrest and who received the money," Mathibela replied.
Mpanza continued with the cross examination and Mathibela kept telling the court that some of the things he did remember properly because a lot had happened during that time.
"Mathibela you never mentioned that you were punched until now," the prosecutor said.
"Well, I'm glad that I finally mentioned it," the accused answered.
The judge asked Mathibela if he understood the questions because he was not answering what he was being asked.
"Like I said before, a lot of things were happening," he replied.
The matter was adjourned for lunch.