Durban - Acting Durban High Court Judge Naresh Bhikha has ruled that the statement estate agent Lungani Basil Underhill made to police shortly after the murder of retired principal Gona Pillay admissable.
Bhikha ruled on the trial within a trial after Underhill claimed that he was assaulted and threatened by police and thus made a false statement during his arrest.
"There is no doubt that the state presented evidence that indicates that things did not happen as he says; and that he had voluntarily made the statement," said Judge Bhikha.
He accepted the version of the police officers in that they denied assaulting Underhill.
Basil, 25, his cousin Braveman Underhill, 25, and Fredboy Msomi, 30, are currently on trial in the Durban High Court.
This is the third week of the trial.
They face charges of murder, attempted murder and armed robbery.
Pillay and her husband were attacked in their Silverglen home in September 2017.
Their 7 bedroom home had been on the market and Basil had been their estate agent.
They came under attack during a viewing and Gona was killed while her husband Loga sustained 17 stab wounds. He survived the attack.
The defence is expected to begin their case with Basil Underhill as the first witness.