The man accused of murdering Diepkloof police station commissioner Senior Superintendent Shonisani Elias Mashau was not allowed to change his plea in the Johannesburg High Court on Monday.
Paul Thabang Khumalo (34), of Diepkloof, originally pleaded not guilty to one count of murder, two of attempted murder, one of unlawful possession of a firearm, another of unlawful possession of ammunition, and a charge of escape from lawful custody.
He wanted to admit guilt on the two possession charges, his defence counsel, Charles Thompson, told the court.
In an explanation of the plea change, Khumalo claimed a previous legal representative had offered to make up a version of events for him, telling him the court was unlikely to believe his own version.
He had since learned that this was not only undesirable, but also unethical. He realised that, on his version, he was guilty.
Khumalo told the court he was in custody at Diepkloof on May 9 2003 when Inspector Raynell Ngqola handed him a parcel brought to him by visitors.
He was ”shocked” to find a firearm inside. He thought all parcels were searched before being given to detainees, he told the court.
As he removed the firearm, Ngqola ”pounced” on him and a struggled ensued in which several shots were fired, fatally wounding Mashau and wounding Ngqola. Khumalo then tried to shoot open the padlock and chain holding the police station’s gate shut.
He claimed the arrangements for his escape were made without his knowledge by a friend who, thinking it unlikely he would be granted bail, paid Ngqola to facilitate his escape.
On handing over the package, Ngqola was supposed to have instructed him to use it only to threaten police, but did not because he was interrupted by Mashau.
State advocate Herman Broodryk refused to accept the plea change, explaining that the case was already at an advanced stage and that Khumalo’s admissions did not go far enough.
Justice Geraldine Borchers ruled that Khumalo’s not-guilty pleas will stand, but that his admissions will be used in evidence against him.
Khumalo has escaped from custody four times.
Arrested in 1990 for armed robbery and murder, he was released five years later, but rearrested in 1997 in connection with murder and armed robbery.
He escaped from Hillbrow police cells and was rearrested, only to escape — using a gun — from the Roodepoort Magistrate’s Court.
Rearrested again, he was detained at the Diepkloof holding cells.
After allegedly shooting his way to freedom, Khumalo escaped yet again, with seven other awaiting-trial prisoners, from the Johannesburg High Court on August 23 2002, while on trial for Mashau’s murder. He was arrested 14 months later.
The trial continues. — Sapa