Johannesburg – A 46-minute audio recording played the Sough Gauteng High Court on Thursday, during the trial of former intelligence boss, Richard Mdluli, has cast doubt on the testimony of an officer.
Ike Motloung, for Mdluli, initially disputed the authenticity of the recording but later agreed that the audio be played believing that it would prove to the court that it was tampered with.
Warrant officer Solomon Mashamaite testified during the trial of Mdluli who was appearing on charges relating to the 1999 kidnapping of the late Oupa Ramogibe, who allegedly had an affair with Mdluli's lover, Tshidi Buthelezi.
Mdluli and his co-accused Mthembeni Mthunzi face charges of intimidation, kidnapping, assault with intent to commit grievous bodily harm and defeating the ends of justice.
Mashamaite told the court that he was the officer who went to the scene in October 1997, and took a statement after Alice Manana who was Buthelezi's friend was shot.
Mdluli was accused of handing down a hit on Manana.
He said after ten years of taking the statement he was subpoenaed by the Directorate for Priority Crime Investigation (Hawks) to report at their offices in Johannesburg where they questioned him further about the statement he had written.
Mashamaite said prosecutors Deon Barnard, Zaais van Zyl, investigating officer Kobus Roelofse, a black woman called Kholeka and other people were in the meeting.
In his testimony on Wednesday, he said he was questioned if he knew Mdluli.
"Someone in the group asked me if I know Richard and I asked which Richard, someone said the General. I explained that I know him through work and he's my senior," he said at the time.
This alleged conversion was not heard in the audio. Mashamaite had also claimed that he got into an altercation with Kholeka who threatened him of charging him with defeating the ends of justice.
In his testimony he said Kholeka accused him of protecting Mdluli. "There was a black lady who said I'm lying and I'm hiding something. We started arguing and I asked her if she had seen Richard Mdluli's name on the statement and that's when she told me she will charge me with defeating the ends of justice," he said.
"I was angry to the point where I began to cry. I said to her, because of such questioning that Will be the the reason that I'm killed and you find my head in one place and my body in another place, because you want me to say certain things."
Also this portion was never heard on the electronic record. After the recording was played, Barnard asked if the recording was a fair reflection of what had transpired during consultation.
"I'm not satisfied," Mashamaite responded.
"There are certain things which were spoken on that day but they are not on the record, again I didn't know I was recorded."
Barnard asked Mashamaite if he doesn't recall whether a microphone was placed in front of him during the consultation.
"It is possible that it was there, but I can not recall but something like this one, I would have remembered," pointing at the microphone in front of him.
The State also questioned him when did the altercation which he claims occurred during consultation. He could not give a clear explanation as to why some parts of his testimony was not on the record.
"I'm not saying that there were portions but with due respect, there are things which were said but can not be heard on the record."
Motloung argued that the clicking sounds which could be heard on the audio suggest that the recording might have been tampered with.
Judge Ratha Mokgoatlheng ordered that the audio should be played again and if the defence should pick up any vacuum in the audio , it would be noted. The trial continues.