Luyanda Mboniswa, the security guard accused of killing first lady Marike de Klerk, confessed his role in the murder to the investigating officer, the Cape High Court heard on Friday.
Superintendent Mike Barkhuizen told the court that Mboniswa was fluent in English, and had no difficulty in understanding warnings about his constitutional right to remain silent after his arrest.
Barkhuizen said Mboniswa was handcuffed at the time of his arrest at the Dolphin Beach apartment complex, where De Klerk had lived.
The handcuffs were removed at the Bishop Lavis police station, and Mboniswa was then taken to Barkhuizen’s office for questioning.
On the way to the Bishop Lavis police station, Mboniswa had remembered leaving his cellphone at the Dolphin Beach complex, and feared it would be stolen. Barkhuizen had then arranged for its safekeeping.
Before their arrival at the Bishop Lavis police station, Barkhuizen had asked Mboniswa if he knew anything about the De Klerk murder.
Barkhuizen added: ”What he told me was exculpatory, and amounted to an alibi.”
The investigating officer said when he questioned Mboniswa again, he videotaped the proceedings, in accordance with modern investigation techniques.
After questioning, Mboniswa was held at the Parow police cells, from where he had sent a message that he wanted to speak to Barkhuizen urgently.
What Mboniswa informed him at the Parow police station had amounted to a confession, Barkhuizen said.
”I explained to Mboniswa that his verbal confession to me was of no evidential value unless it was put into writing by a magistrate in chambers… I explained that such a confession to a magistrate could be used against him in court, and despite this he said he was willing to be taken to a magistrate.”
The hearing continues on Monday. – Sapa