Durban: The trial of four men accused of kidnapping Westville businesswoman, Sandra Munsamy, is unlikely to be concluded by the end of this week.
The matter which started on February 28, was set down until Friday, March 25.
That’s because for the past two weeks a trial within the trial has been held, with the defence objecting to the prosecution using statements made by the accused at the time of their arrest.
The suspects’ lawyers objected on the basis that they were threatened and assaulted. The lawyers argued that, as a result, the statements should not be accepted as evidence.
The four men standing trial are: Lucas John Ndlovu, 36, and Dumisani Radebe, 39, both of Mpumalanga, as well as Jose Omega Tembe, 38, and Arthur Da Silva Mondlane, 36, Mozambican nationals who live in Gauteng.
They were arrested and charged with kidnapping and attempted extortion in November 2019. It is alleged they kidnapped Munsamy and then demanded a $10 million ransom from her family.
Radebe, Tembe and Mondlane were also charged with robbery with aggravating circumstances. The duo was further charged for being illegal immigrants.
On Tuesday, Detective Warrant Officer Abraham Sonnekus, the initial investigating officer, denied that the suspects were threatened, intimidated or assaulted while giving their statements.
Sonnekus, of the Port Shepstone Organised Crime Unit, said he had informed the men of their right to have a lawyer present when they made their statements. He said he had further advised them that if they could not afford a lawyer, one would be made available to them.
Sonnekus testified that none of the accused were unsettled or nervous.
He said each paragraph of the warning statement was read out and explained to them. They then added their thumb prints and signatures so as to confirm the contents.
Sonnekus said an isiZulu interpreter was also present. He said the accused were not afraid to engage with him.
“This was because there was no assault, threats or intimidation of the accused while with me or at any time in my presence…”
Sonnekus said had the accused been threatened or assaulted they could have raised the matter with their lawyers during their first court appearance, a day after the statements were drawn.
During cross-examination, Radebe’s lawyer said his client’s instructions to him were that he was not informed of the charges he was facing.
“When he asked you what charges, he said the response from you was that on his first appearance in court, he must raise up his hand and plead guilty.”
Sonnekus responded that he had informed Radebe of the charges and that Radebe understood them. When questioned about how he knew Radebe understood them, Sonnekus responded: “I had an isiZulu interpreter present, but he (Radebe) answered me fluently in English.”
Munsamy, 46, who is the chief financial officer of Crossmoor Transport, a family-owned transport business, was allegedly forced off a road in Pinetown and taken at gunpoint on May 30, 2019.
The mother of two, was taken to a house in Emalahleni (Witbank) in Mpumalanga, chained by the ankle and held captive for more than five months.
She was rescued during a joint operation by members of several law enforcement agencies on November 7, 2019.
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