Robbery accused domestic denies confession

File Picture: Independent Media

File Picture: Independent Media

Published Mar 9, 2017

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Cape Town – The domestic worker accused of robbing her employer two years ago denied her statement to a senior police officer could be construed as a confession.

On Wednesday, the Western Cape High Court heard that Nomasango Xhego was led to believe she would be released on bail if she made the statement.

Her lawyer, Andrew Carger, cross examinating investigating officer Caswell Hendricks, put it to him that Xhego will testify that she wanted to make a statement to “clarify” her involvement, “but not a confession”.

Carger argued that Xhego does not know what a confession is and she did not understand what was going on.

“She was under the impression that she would go out on bail once she clarifies this (her involvement).’’

The court opted for a trial-within-a-trial to determine the admissibility of an alleged confession Xhego made to the police.

Carger put it to Hendricks that Xhego was not told she was being arrested when police picked her up at her home.

Carger further charged that his client does not understand English and the services of an interpreter should have been provided.

“She said she wanted to confess. She wanted to give a full version of what happened. If she wanted an interpreter we would have arranged for her, but she did not take that opportunity. She understood what I was saying to her, my lady,” Hendricks testified to acting Judge Nolita Kose.

State prosecutor Thabo Ntela objected, arguing that Xhego was given the opportunity “but she declined”.

Hendricks testified that Xhego was informed of what she was charged with, her right to remain silent and her right to legal representation, before she was taken to a doctor for examination.

Hendricks said the first statement Xhego made to the police differed from that of her employer Evril Page, whose statement stated that Xhego was present at the crime scene, contrary to Xhego’s statement.

“She told us she wanted to confess and to give the whereabouts of the other two suspects,” Hendricks testified.

“She seemed very eager to give us the whereabouts of the other two suspects. She was co-operative.”

In the main trial, Ntela alleges Xhego, her boyfriend Mvuzo Ndlangana and her brother Camagu Xhego went on a spree from March 3, 2015 and robbed Africa Truck Sales in Kuils River, armed with a toy gun and a knife.

Ndlangana, who was a former employee at the company, pleaded guilty to murder of security guard Ronald Ziwenga.

They stole three vehicles, a computer and electronic appliances. A month later, the duo together with Xhego planned to rob Page.

According to Ntela, Page was bundled into a bedroom while Xhego was in the kitchen. Page was beaten until she lost consciousness.

The robbers took cash, five cellphones, clothing, electrical appliances, jewellery and a car. Page was left for dead.

Earlier, Ndlangana and Camagu pleaded guilty, entered into a plea bargain with the State and were sentenced to an effective 20 years.

The case against Xhego continues on Thursday.

Cape Times

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