Johannesburg – Three men, accused of raping two women and drowning their husbands in Rhodes Park denied knowing each other and claimed that they only met when they were arrested, in the high court sitting in the Palm Ridge Magistrate's Court.
Edmore Ndlovu, 23, Thabo Nkala, 25, and Mduduzi Lawrence Mathibela, 32, who are reportedly friends are allegedly part of a gang that accosted and robbed the couples on October 17, last year, while taking a stroll at Rhodes Park.
All three men have pleaded not guilty and claimed that they were severely assaulted and pressurised into making a confession. But their claims were dismissed during a trial-within-a-trial.
While on the stand, Nkala denied knowing Mathibela and Ndlovu and refuted claims that his street name was Rasta which appeared to fit with the fact that he had dreadlocks at the time of his arrest, which he has since cut off.
Ndlovu, who was the second accused to testify, complained that he had difficulty understanding Zulu and requested a Ndebele interpreter even though previously he confidently testified in Zulu. He told the court he doesn't know Rhodes Park and was in Alexandra with his brother Sipho on the day of the crime.
Wearing a grey sweater and blue jeans, Ndlovu kept smiling during cross examination until state prosecutor Mutuwa Nengovhela asked him why he was constantly in smiles. "It's because I know I'm telling the truth and no need to look angry," he continued with a smile.
Ndlovu's smile quickly faded when Nengovhela asked him if he remembered when his lawyer put it to Colonel Mbotho that he reported the assault to him. "Was he the one taking the statement," asked Ndlovu looking confused. "Can you please answer the question Mr Ndlovu," said Judge Papi Masopa. "No, I don't remember Colonel Mbotho," Ndlovu responded.
Ndlovu seemed uneasy when he couldn't explain the glove which he claims he was allegedly assaulted with. "I think the investigating officer would explain it because he was there when I was assaulted ," he said while pointing at Bruce Van der Schyff.
He continued to maintain his innocence and denied being part of the eight men who were seen on the CCTV footage running away from the crime scene. "Mr Ndlovu you must learn to tell the truth and it will set you free," Nengovhela concluded.
Mathibela also took the stand, and like his co-accused he stuck to his story and also claimed that the doctor who examined him insulted him and also disputed his report saying he was unprofessional.
"I was internally injured but the doctor wouldn't have know because he didn't fully examine me. He even lied in court and said I have one tattoo whereas I have two," he retorted.
His attorney Portia Phahlane asked him if he could identify himself on the CCTV footage. "It's not me on that footage, even if you showed it to someone who knows me they will also agree," he said.
"What I can tell this court is that I'm not responsible for this crime. Police made sure I even confess to this crime. They told me they are operating on high orders that I be charged for this crime and I must be found dead or alive," Mathibela said.
During cross examination State prosecutor Monde Mbaqa asked Mathibela if he knew where the order came from and he said it came from the head offices in Pretoria.
"General Phahlane gave the order," replied Mathibela. "Maybe it's him or the person who gave out the money for my arrest."
"Is that possible Mr Mathibela, does it make sense that the head of police of this country will issue an order for your arrest and make sure that you are found dead or alive?" asked Mbaqa trying not to laugh.
"Yes it makes sense because as it is, it's happening," Mathibela replied.
Mathibela told the court that the police officer who arrested him informed him that whoever arrested him will be rewarded.
"I also heard rumours that there was an offer of hundred thousand for whoever who will find me," said Mathibela.
The matter was adjourned to Friday when Mathibela will continue with his testimony.