Johannesburg - The high court sitting in the Palm Ridge Magistrate's Court on Monday, dismissed a claim by one of the Rhodes Park murder-accused that he was assaulted by the police and coerced into making a statement.
Judge Papi Masopa dismissed Mduduzi Lawrence Mathibela's claims that he was assaulted and coerced by police officers to make a statement concerning the double murder and rape at Rhodes Park.
"Ya, you are doing this because I don't have money. If I was rich things would be different," Mathibela said while Masopa was giving his judgement.
Attempts to keep Mathibela silent failed as he kept going on about how Masopa was unfair towards him.
"Officer please take Mathibela to the cell. You [Mathibela] will come back when you are back to your senses," Masopa said to Mathibela who, marched out of court angrily in leg-irons. Earlier, Mathibela testified that police slapped, kicked and punched him.
Ndlovu, 23, Thabo Nkala, 25, and Mathibela, 32, all claim they were severely assaulted and pressurised to give statements implicating them to the crime and were also forced to do the pointing out at the park.
Masopa has already dismissed Nkala and Dlovu 's claims after they gave confusing and contradicting testimonies. Their lawyers also failed to prove the alleged assault and both their statements were read out in court as part of evidence.
Earlier, prosecutor Monde Mbaqa had Mathibela contradicting himself continuously after he could not give exact details on the manner of the assault and the number of police officers who had beaten him.
He also claimed that he was given medication by a doctor while detained at Johannesburg prison because the doctor who had examined him before did not even touch him and fabricated the report.
"Okay, Mathibela let's say the doctor who examined you didn't do his job. But we have pictures which were taken on the day of your assault, show us where you were injured," Mbaqa said.
When given an album of his pictures with and without clothes. Looking confused and with a grimace on his face, Mathibela failed to spot the injuries.
"Thing is the injuries are not visible on the naked eye but can only be seen by a doctor," he said.
Mbaqa asked him where is the file to show that he received medication for the injuries he sustained.
"The file is at the prison hospital and because I'm a prisoner, I don't have the freedom of moving up and down wanting to access files," he said.
Mbaqa said: "Mathibela that can't be true because you had ample time to bring the file but you never did. Pictures and the doctor's report which were taken after the day of the assault show that you had no injuries."
Mathibela replied saying: "If you say I'm lying, we will see who is lying between you and me when the documents are presented in court."
Ndlovu, 23, Nkala, 25, and Mathibela, 32, are accused of the attack on two couples in Rhodes Park, Kensington, last year.
The three accused were allegedly part of a 12-man gang that accosted and robbed the couples on 17 October. The gang forced the husbands into the lake, where they drowned, and sexually assaulted their wives. One woman wasa raped.
Both women have already told the court how they were attacked as their husbands drowned in the nearby lake.
The three men have been charged with robbery with aggravating circumstances, rape and murder. They all have pleaded not guilty to all charges. They remain remanded in custody.
The other suspects are still on the run. Reports suggest that two others have been arrested in neighbouring Zimbabwe, where they are awaiting extradition to South Africa.
- African News Agency (ANA)