An accused in the Lucky Dube murder trial initially confessed to the crime voluntarily, although he later said he did so under duress, the Johannesburg High Court heard on Friday.
Testifying in a trial-within-a-trial on the admissibility of the confession, Captain Moloko Kgomo told the court that he personally took Mbuti Mabe’s statement on October 21 2007 when Mabe and his two co-accused were arrested.
”He said he wanted to give an explanation of what happened [with regards to Dube’s murder].”
The statement, presented to court as evidence, had Mabe’s signature and thumbprint on each page.
The court decided to hold a trial-within-a-trial on this particular statement after Mabe’s defence lawyer told the court his client was forced to sign the confession after he was threatened and assaulted.
”His rights were also not explained to him,” said advocate Vincent Soko.
However, details from the statement indicated, in the form of questions and answers, that Mabe was asked if he understood his rights, to which he answered ”Yes,” said Kgomo.
It also indicated he was not forced to admit guilt or confess to anything.
Earlier, a ballistic examiner, Captain HJ Blignaut, testified that a bullet and cartridge case found in Dube’s car were fired from a Glock firearm found in the room of another accused, Sifiso Mhlanga.
Two firearms, a Glock and a 9mm pistol, were found when police searched Mhlanga’s room during his arrest.
”There is sufficient agreement of class and individual markings, therefore the cartridge case was fired from the Glock … the bullet jacket was also fired from the same firearm,” said Blignaut.
She said she also managed to determine the serial numbers of both the firearms and that it was possible to trace the owners.
The trial was postponed to Monday.
Mabe, Mhlanga and Julius Gxowa, all in their thirties, are on trial for allegedly killing Dube outside his brother’s house in Rosettenville, south of Johannesburg, on October 18 2007.
The men face a charge of murder, two charges of aggravated robbery, one count of attempted aggravated robbery, and two counts of illegal possession of a firearm and ammunition. — Sapa