Durban - A police officer, testifying in a double murder trial on Wednesday, was warned about incriminating himself after he admitted that a crucial photograph of the accused taken after the deaths had not been shown to the prosecution.
Warrant Officer Ian Dlamini was testifying in the trial of Bonginkosi Khanyile in the Durban Regional Court.
Khanyile is charged with the murders of brothers Ahmed and Mohamed Vawda, who were killed after an alleged argument over parking at a block of flats in Margaret Mncadi Avenue (Victoria Embankment) in August 2015.
He has also been charged with extorting R350 from Ayesha Vawda, sister of the men, and threatening her life in June 2015 over a parking dispute.
Khanyile has pleaded not guilty to all the charges and said he shot the brothers in self-defence after they attacked him.
Dlamini, who said he had compiled a photo album of the crime scene, said he had seen Khanyile on the night of the shooting. Dlamini noticed that Khanyile had bruises on his face and he photographed the injuries but did not put the photograph in the photo album given to the prosecution. He said he had the photograph and others on a disc.
Advocate Gideon Scheltema, acting for Khanyile, asked the court to warn Dlamini about incriminating himself on a charge of defeating the ends of justice.
Dlamini was warned by regional magistrate Sharon Marks that he had a right not to answer questions that would incriminate him.
Scheltema asked Dlamini if he was aware that the photograph of Khanyile's bruised face could have affected the decision to prosecute Khanyile.
Dlamini said he was aware of that, but it was not the only picture he had not put in the photo album.
He was also asked if he had been told by the investigating officer not to include the picture, but Dlamini denied that and said it was his own decision. Dlamini also said he did not tell the investigating officer or the prosecution about the picture.
Earlier on Wednesday, security guard Mduduzi Mkhize said he was present during the incident in June last year.
He said Khanyile asked Vawda for R350 for parking in his parking bay and it was not a heated discussion. He said he did not hear Khanyile threaten to kill Vawda.
The Mercury