Tutu daughter’s gardener in court

sxc.hu

The gardener of Archbishop Emeritus Desmond Tutu's daughter appeared on a charge of murder in the Cape Town Magistrate's Court on Thursday.

Olwethu Mathiso, 21, was in the dock for allegedly killing Mpho Tutu's domestic worker, Angela Mscinga, on April 12.

His lawyer, Andre Kirsten, said Mathiso completed his testimony before magistrate Zwelidumile Songwagwa on Thursday afternoon. The bail application would continue on July 17.

He said Constable Thabo Mwanda, the investigating officer, would then take the stand to testify and be cross-examined.

Both Mathiso and Mwanda had already given testimony to magistrate Mandi Tyulu, who had since been suspended pending disciplinary proceedings.

Confusion reigned earlier on Thursday over whether Mathiso's bail application would have to be re-heard.

Songwagwa had listened to the arguments of both the State and defence and decided the application would start afresh. Kirsten said he was not happy with Songwagwa taking over a partly-heard bail application.

“It's impossible to gather all the impressions that Tyulu gathered from witnesses up to this point... my client made certain testimonies and impressed Tyulu in certain ways,” he told the court.

“Although he would have noted verbal applications... the court cannot gather from these notes the impressions of honesty or dishonesty.”

Cecil Engel, for the State, said the matter should proceed as soon as possible.

“The State 1/8however 3/8 agrees that we are dealing with a very unusual case where there are no hard-and-fast rules of what must happen.” - Sapa