Lesbian murder: Accused's confession 'a lie'

Published Oct 1, 2009

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By Jade Witten

Court Reporter

One of the nine men accused of murdering Zoliswa Nkonyana because she was a lesbian has denied the contents of a confession he made to police, saying he was forced to lie under oath.

Sicelo Mase, 20, on Wednesday told the Khayelitsha Magistrate's Court that his father Gordon and investigating officer Sergeant Melvyn Geldenhuys had promised him that if he confessed, he would be indemnified from prosecution.

But when Geldenhuys testified, he denied promising Mase that if he confessed to the crime, he would be released on a warning, on bail or could turn state witness.

Mase claimed his father and Geldenhuys had discussed how to proceed with the case, and later told him what he should do and say when he was taken to Mitchells Plain Magistrate's Court.

Mase's father, who is now dead, was present while the confession was made on February 21, 2006, as his son was then a minor.

Prosecutor Alfred Isaacs also questioned retired magistrate Hendrik Swart, who was the chief magistrate at Mitchells Plain Magistrate's Court at the time the confession was made.

Swart said he had recorded what the interpreter, Ruth Maneli, had relayed to him.

Maneli testified that she had accurately translated what Mase told her.

She added that his father had intervened at certain stages of the confession, but said there was no indication the son was being forced or intimidated.

Swart told the court that he had asked Mase whether he had been intimidated, promised any rewards, influenced or encouraged prior to making the confession. Mase said "no".

The statement has not yet been revealed, as a trial-within-a-trial is being held to establish whether the documents should form part of the evidence.

The nine accused, who have all pleaded not guilty, face a murder charge and two charges of attempted murder for allegedly also attacking Nkonyana's friends, Phindiswa Magxala and Zolani Pato, on February 4, 2006.

All the men, except for Luyanda Londzi, 20, who is out on bail of R1 000, are in custody.

Mase forfeited his bail when he failed to appear in court on August 27.

The other accused are Mbulelo Damba, 20, Mfundo Kulani, 18, Themba Dlephu, 20, Zolile Kobese, 20, Anele Gwele, 23, Sabelo Yekiso, 20, and Lubabalo Ntlabathi, 21.

The case continues on Wednesday.

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