The admissibility of a confession which the State said was made by rape and murder accused Odwa Nkololo became the subject of a trial-within-a-trial at the Western Cape High Court yesterday.
Nkololo has been charged with the rape and murder of four-year-old Iyapha Yamile on May 1 last year. The State alleged that Nkololo confessed two days after his arrest.
His defence representative, Susanna Kunn, argued that Nkololo confessed under duress as he was assaulted and told what to say.
Police officer Luyanda Mathanjana, who interviewed Nkololo an hour before he allegedly made the statement on July 13, testified that the accused was never assaulted. He said the confession was made freely and voluntarily.
Mathanjana said Nkololo verbally confessed to him before he arranged for a police captain to take a written
statement.
Another officer, Mokgele Mohlamonyane, who was also present, denied that Nkololo was tortured.
Kunn wants the court to determine whether Nkololo’s alleged confession was admissible.
Mathanjana disputed Kunn’s contention that Nkololo’s confession was inadmissible, and told the court Nkololo was calm.
Mathanjana said Nkololo had not been detained or charged before he confessed as there was no evidence linking him to the crime.
During the interview, Mathanjana said Nkololo told him “I did it”.
“I asked him do you want to tell me what you did and he said yes because this has been playing on his conscious for a very long time,” said
Mathanjana.
“He is a very vocal person. He could have said something if there was something grieving.”
Proceedings continue on Monday.