Mark Scott-Crossley masterminded the killing of farm-worker Nelson Chisale who was thrown to lions in January 2004 after being viciously assaulted, the Phalaborwa Circuit Court heard on Tuesday in closing argument by the state.
His co-accused, however, was equally guilty of the murder because they acted with common purpose, prosecutor Ivy Thenga argued before Judge George Maluleke and assessors Kate Choshi and Elphus Seemela.
Scott-Crossley (37) and Simon Mathebula (43) have pleaded not guilty to a charge of murder. The trial of a third accused, Richard Mathebula, (41) who also pleaded not guilty, was separated from theirs when he fell ill with suspected tuberculosis and was declared unfit to stand trial.
Charges were withdrawn against a fourth co-accused, Robert Mnisi, after he turned state witness.
Rejecting Scott-Crossley’s testimony that he helped dispose of the body only because his life and that of his teenage son were threatened by Mnisi as part of a conspiracy between the accused, Thenga told the court it was unlikely an employee would threaten his employer.
Thenga said that the evidence has shown that Mnisi and the Mathebulas had followed Scott-Crossley’s orders.
Scott-Crossley did not even mention the alleged threat when he spoke to the police after the incident, Thenga said. ”He keeps quiet.”
He even arranged for lawyers for the people who allegedly threatened him, she pointed out.
Regarding Mnisi, who has been described as an unreliable witness who often presents contradictory evidence, Thenga asked the court to take into account case law on the affect of language and cultural differences regarding the meaning of testimony, and the fact that not every contradiction could be deemed to impact on the credibility of a witness.
She also contended that his testimony was backed by a statement made by Richard Mathebula, which she argued should be accepted into evidence even though he had not testified or been cross-examined.
She argued that expert opinion for the defence that Chisale (41) was dead when fed to the lions could not overrule the evidence of eyewitnesses, including Mnisi, who heard him cry out when thrown into the lion encampment.
Thenga said it was irrelevant whether Chisale was dead or alive when he was thrown to the lions, because his death started at the time he was apprehended and assaulted on Scott-Crossley’s farm, allegedly by the Mathebulas.
Criticising the drafters of the indictment against the accused — who are all charged with only a count of murder — Thenga told the court she believed charges of kidnapping and assault should also have been included.
In his closing argument, Mduduzi Thabede, defence counsel for Simon Mathebula, admitted that while his client was party to the apprehension of Chisale and tied him up, he had no intention to kill.
The state has presented evidence that mauling by lions caused Chisale’s death and Simon Mathebula was not present when Chisale was thrown to the lions, he argued, also contending that he played no part in the decision to take Chisale to the lion camp.
He could also not explain why Mathebula had not disassociated himself from the incident and called the police when he realised a person was being inhumanely treated. – Sapa