A MPUMALANGA taxi boss who is accused of the murder of another taxi owner claims he was forced to make a confession statement.
Bonginkosi Mabaso, together with convicted notorious criminal Kholizwe Masina and prison warden Michael Sithole, is facing charges of murder, conspiracy to commit murder, and possession of an unlicenced firearm and ammunition.
They all pleaded not guilty to charges, and the three men are standing trial in the Mbombela High Court for the murder of a Barberton taxi boss, Chaima Andrew Mwale (36).
The victim was gunned down in February 2021 after he had just parked his car at a mechanic's house in the area.
The court heard that the attackers came driving a car belonging to a taxi association in Barberton.
The legal representative of Mabaso, Bheki Maluka, has accused Sergeant Felicia Mthinzi of tricking the accused into preparing a confession statement.
He said Mthinzi misled the court on her statement that when he met the accused, she wanted to question him about the house and car that was burnt, but it was not related to that.
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Maluka said when the accused went to meet Mthinzi, she allegedly assured the accused that she would protect him as he feared for his life.
He claims that the witness's colleagues came and forced the accused to drive his car and took him to prepare the statement.
"You failed to do your job properly, and you failed to hand the accused to the right people. Your friends assaulted the accused, and they had a shocking device and battery. They coerced the accused to agree that he committed the murder. You failed to protect him as per your promise. He further instructed me that the least you have done when you handed him to your colleagues was advise him on his legal rights. The confession made by the accused was not free. There was a person who dictated," he said.
State Advocate Zwelethu Mata requested the court to embark on a trial within a trial to establish facts about the confession statement.
Constable Xolani Shabangu, who took the accused as a senior police officer, testified that when he took the accused to the office of Colonel Koena Mashilo, he was fine and had no visible injuries.
Shabangu said he questioned the accused if he was assaulted or not after he came back from Mashilo's office, and he said "no".
"He had no injuries when I took him back to the cells," he said.
Meanwhile, Colonel Mashilo told the court that he explained everything to the accused and said he allegedly told him that he was prepared to tell the whole truth even without legal representation.
The matter was postponed to Thursday, 23 November, for further trial.
