THE Mbombela High Court has rejected a confession statement as evidence against murder accused Bonginkosi Mabaso.
This is after his defence lawyer, Advocate Bheki Maluka made an application on Tuesday, 28 November, to deem the confession statement invalid, citing reasons that it was taken under duress.
Maluka has accused the cops of forcing Mabaso to agree that he was involved in the murder of Chaima Andrew Mwale, a taxi boss gunned down in February 2021.
The 36-year-old was shot and killed in what is suspected to be an assassination in the taxi industry.
Mwale was shot just after he had parked his car at a mechanic's house in Barberton, Mpumalanga.
It's alleged that his assailants came driving a vehicle belonging to a taxi association.
Three individuals, including Mabaso, a taxi boss, and Michael Sithole, a prison guard and notorious convict, Kholizwe Masina, have been charged with the murder.
All three men pleaded not guilty to the charge.
On Thursday, 23 November, state advocate Zwelethu Mata requested the court to embark on a trial within a trial to establish facts about the confession statement.
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Four police officers came to testify about the confession statement.
All four witnesses told the court that the accused was not assaulted, and there was no recording of injuries in any of their documents.
Colonel Koena Mashilo, Sergeant Jacob Zulu, and Captain Juel Ndala refuted the claims made by the defence that the accused was forced to do the confession statement.
They told the court that he voluntarily made the statement.
Colonel Mashilo admitted to the court that he made a mistake when taking the confession statement.
Delivering the judgment, acting Judge Sheila Msibi said if Mashilo had followed the correct procedures, this could not have happened.
She said looking at the entire evidence, the court was satisfied that there was no assault proven on the accused persons.
She added that the court was also satisfied that his rights were explained to him but was not given the opportunity to exercise his constitutional right of choosing a legal representative when he was taking the statement.
"The court had found out that there has been a violation of the constitutional right of the accused persons as far as the legal representative," she said.
The matter was rolled over to Thursday, 30 November, for further trial.
