THE defence in the case of the slain Bafana Bafana star Senzo Meyiwa is firm in its assertion that the state has failed to prove without any reasonable doubt that the accused willingly confessed to crimes without being threatened or intimidated.
The defence said this during their closing arguments of the trial within a trial in the North Gauteng High Court on Monday, 11 March.
The lawyer for Bongani Ntanzi, Sipho Ramosepele, reiterated that his client was unfairly treated and his rights were violated.
"The statement wasn't obtained freely and voluntarily. He was threatened with further assault if he didn't sign the prepared statement. He also informed the court he wasn't informed of his constitutional rights," he told the court.
He also said accused one, Muzi Sibiya, said when police allegedly tubed him with a plastic bag, it wasn't going to physically show on his body.
"He (Sibiya) testified on all three occasions where he was assaulted with the main mode used as a clear plastic bag. He couldn't breathe. What sort of injuries would you see if a plastic bag is put over your head?"
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He said Sibiya was assaulted on two separate occasions - first in Lethabong and then in Vosloorus.
"Accused one testified he was assaulted at Lethabong after his arrest. He was then taken to Vosloorus, where he was also assaulted by police officers, and further, he was taken to Diepkloof. That is on record. He was threatened that should he not complete the prewritten statement, he would further be assaulted. He further testified he wasn't informed of his constitutional rights."
He further said both Sibiya and Ntanzi's statements were not freely made.
"We submit that the alleged statements by both accused one and two must be ruled inadmissible on the basis that they were not made freely and voluntarily."
The trial within a trial which began in October was to find out if the evidence presented could be used in the main trial.
Judge Ratha Mokgoatlheng will make his ruling on the trial within trial on Thursday, 14 March.
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