One of the people accused of the murder of reggae star Lucky Dube allegedly told police he was not the only one who did it, an investigator told the Johannesburg High Court on Friday.
”He said he was not the only one who did it,” said Captain Wiseman Siphungu, referring to accused number three [Mbuti Mabe].
Mabe allegedly said this after signing a document detailing his constitutional rights.
During cross-examination, in the trial within a trial, Siphungu told the court that all the accused were told, and understood, their constitutional rights to have legal representation and the fact that the state would provide them with a lawyer if they were unable to afford one.
On Thursday Judge Seun Moshidi granted an application for a trial within trial due to concerns raised by the defence team.
These include that there was a possibility that Siphiwe Mlaba, who was the second witness allegedly hijacked by the trio, could have seen them in the Johannesburg Magistrate’s Court on October 23 2007.
This is just a few days before an identity parade was held. Secondly, there were concerns the accused were not informed in time about the identity parade, with claims being they were only told a day before.
Lastly, there were concerns the accused had no legal representation.
Siphungu told the court that he had in fact personally informed all the accused about the parade, and had given them the date.
This is the same identity parade during which Mlaba publicly pointed them out as having hijacked him.
Although he denied it, the defence counsel said that the accused would testify that they heard Mlaba asking a police officer to show him the people who hijacked him.
The defence team also believe that Mlaba was also told who to point out, however Siphungu denied ever discussing the case with Mlaba, saying he did not even tell him that the accused had been linked to Dube’s murder.
Another issue raised by the defence is that Mlaba could have seen published photos of the accused before attending the identity parade.
Siphungu refuted this, saying the magistrate made strict orders for photos not to be taken during the men’s appearance.
”The media was there, but I can confirm that after the ruling no photos were taken, even by the public with their cellphones.”
He added that there were no published photos in the newspapers between October 23 and November 5 2007.
Court was adjourned until Monday, when another state witness would testify in connection with the identity parade. — Sapa