Cop failed to take accused’s statement

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Published Dec 7, 2012

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Durban -

A policeman investigating the death of an IFP supporter admitted on Friday that he had not written down the statement of one of the five men accused of killing her.

Captain Cedric Nthenga first told the Durban Regional Court that Malusi Sibusiso Ncengwa had gone to the KwaMashu police station to give a statement on the October 6 shooting death of Inkatha Freedom Party supporter Cebesile Shezi.

Nthengwa later said Ncengwa had given the statement in support of an intimidation case that was opened by Mbekizeli Gwala, the son of a National Freedom Party leader, who is also accused of Shezi's murder.

Nthenga was giving evidence in the bail hearing of four of the accused.

Mgezeni “Bhungu” Gwala, his son Mjabulelwa Gwala, Ncengwa, and Skhumbuzo Nxumalo are charged with killing Shezi.

A fifth accused, Bonginhlanhla Gwala, was released on bail of R20,000 last month.

Asked by attorney Siphiwe Moloi where that statement was, Nthenga said that he had not taken down Ncengwa's statement in writing.

“How is it that Accused Number two (Ncengwa) is not mentioned by the person in support of whom he is giving a statement?” Moloi asked.

Nthenga said he did not have to be mentioned.

Nthenga admitted that Ncengwa had not been mentioned in any of the statements from witnesses in the police's possession.

The court heard previously that Ncengwa had been identified during an ID parade.

Ncengwa previously testified that he was at work on the day of the shooting.

Nthenga admitted under cross-examination on Thursday that he had not considered taking the four men into custody to carry out gun residue tests, even though witnesses had identified the Gwalas and Nxumalo as being the gunmen.

Shezi was shot dead outside the Thembalihle railway station, in KwaMashu, shortly after Minister of Police Nathi Mthethwa addressed IFP supporters at a sports field in A-section, KwaMashu, on October 6.

The bail hearing continues. - Sapa

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