MURDER accused, Velly Thwala refused to take the stand and give evidence of the confession statement he made, instead.
Velly (39) is accused of assaulting her lover to death.
Nontobeko Msithini's lifeless body was found stuffed in a bag by community members who had seen Thwala pushing a trolley with a bag and blood dripping from it. They cornered him, and he indicated that he was carrying a carcass of his troublesome pit bull.
Residents forced him to open the bag and found Nontokozo's body.
On Friday, 1 March, Velly, who was conducting his defence, elected to remain silent and not testify about the confession statement he allegedly made a few days after his arrest.
He told the Mbombela High Court that there was nothing for him to say in the witness box because all that was written in the statement was said by the police.
"I'd elect to remain silent because all that I narrated there I was told by the police," he said.
The trial was converted into trial within a trial to determine whether to admit what the state alleges into evidence.
The state has called three witnesses to prove that the statement was made voluntarily, and the accused's rights were not ignored.
Judge Henk Roelofse admitted the confession statement as evidence in court.
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"I considered the evidence of the witnesses. Thwala has been given an opportunity to testify, and he chose to remain silent. I make a ruling that the statement is admissible and will be admitted to the court," he said.
Colonel Thamsanqa Mkhaliphi, who obtained the confession statement from Velly, didn't show up in court due to the State of the Province Address (Sopa).
Mkhaliphi was supposed to confirm the content of the statement and prove that the statement was not obtained under duress.
State Advocate Antoinette Nkosi, told the court that Mkhaliphi would only be available after 2pm.
"We can't wait, Colonel Mkhaliphi, because he hasn't confirmed that he'll be done by 2pm. Sopa can sometimes take the whole day. Let's rather postpone the matter to Monday, 4 February and I want to assure you that we'll be done with the trial by then," Judge Roelofse said.
The matter was postponed to Monday, 4 March, for further trial.
