Forum 4 Service Delivery councillor Napoleon Webster with his legal team during his trail at the North West High Court in Mogwase. Webster and 13 other men are facing a charge murder. They allegedly killed Sabata Petros Chale in Marikana West on December 8, 2016. Picture: ANA Reporter

Mogwase - A man was strapped to a chair with duct tape and tortured into admitting to killing Sabata Petros Chale, the North West High Court heard on Monday.

Defence lawyer Eric Marx said Aubrey Seitsang was assaulted and electronically shocked.

"He was strapped into a chair with tape, a plastic was put on his head and electronic shocks administered on him," he said in a trial-within-a-trial.

He put it to lead investigator Victor Ramorwesi that Seitsang applied to be taken to a doctor after he was assaulted and tortured.

Ramorwesi replied that he was present when a statement was obtained from Seitsang and that he was never assaulted in his presence.

He told the court that Seitsang was taken to a clinic on December 15 and was taken to hospital on December 22 for x-rays.

During the bail hearing Seitsang said he was tortured to an extent that he urinated blood.

The defence was disputing a statement that Seitsang made to the police, stating that he was tortured and his signature was forged.

"My client will testify that he only signed on page five, the signature on page three and seven differ with the one on page five," Marx said.

Judge Ronnie Hendricks was expected to rule on Tuesday whether the statement was admissible as evidence.

Earlier, Hendricks ruled that a statement obtained from Sibonile Sobopha was admissible as evidence, this was after the defence claimed he was tortured to admit to killing Chale.

The State alleges that Seitsang, Sibonile Sobopha, Mdlondozi Fundiwo, Herbert Baqhesi, Forum 4 Service Delivery councillor Napoleon Webster, William Nyenyane, Aphindile Pungone, Samson Gqwetani, Gift Luveli, Nkululeko Msithwa, Nkosindiphile Nziyose, Luvo Soyizwaphi, Sivuyile Qasha and Mzolisi Mbulana hacked 39-year-old Chale to death in Marikana West, on December 8, 2016, allegedly over the allocation of low cost (RDP) houses at Marikana West Extension 2. 

The men pleaded not guilty to a charge of muder, four of them claimed they were not at the crime scene while the other nine admitted they were at a community meeting that was held in Marikana but, disputed other allegations against them.

Doctor Moeti Isaac Siko who conducted an autopsy on Chale's body told the court he was stabbed several times. He had multiple lacerations on his head, he was stabbed in the shoulder, his left lung had collapsed and had been punctured. He was stabbed on both flanks and on the left side of his chest. His colon had a stab wound.

The cause of death was multiple injuries and sharp forced trauma.

The State alleges the murder was premeditated.

The trial was rolled over to Tuesday. Seitsang, Sobopha, Fundiwo, Baqhesi and Nyenyane were remanded in custody, they were denied bail at the Rustenburg Magistrate's Court, bail was extended for the remaining nine. 

African News Agency/ANA