The trial within a trial in the attempted murder case involving alleged underworld figure and controversial businessman Vusimuzi “Cat” Matlala and his co-accused resumed on Monday, with alleged hitman Musa Kekana continuing his bid to prevent the state from using evidence obtained during his arrest.
State witness Christiaan Sheppard returned to the witness stand for cross-examination by Kekana’s legal representative, Advocate Riaan Gissing.
The court heard that Sheppard had acted on information received from police before following two vehicles allegedly linked to the case, a Hyundai i10 and a Mercedes-Benz Viano.
Gissing challenged Sheppard’s account of the events surrounding Kekana’s arrest, putting it to the witness that his client was not the driver of the vehicle allegedly used in the murder of Armand Swart.
Car identification
During proceedings, Gissing questioned Sheppard about his identification of the vehicle.
“You had to identify the make and model of the car and the registration?” Gissing asked.
“Yes, they were actually driving quite slow,” Sheppard replied.
Gissing further put it to the witness that, according to his instructions, Sheppard had been parked about 200 metres from the address where Kekana was arrested.
He also questioned the visibility conditions at the time.
“What were the weather conditions?” Gissing asked.
“It was a sunny day,” Sheppard responded.
The cross-examination then turned to Sheppard’s identification of the occupants of the vehicle.
“What prevented you from observing the face of the passengers in the vehicle?” Gissing asked.
“I identified them with their clothing,” Sheppard said.
‘Millions of people with bulky and muscular faces’
Gissing challenged the reliability of that identification, arguing that physical appearance alone was insufficient.
“There are millions of people with bulky and muscular faces. There’s nothing unique?” he said.
“Correct,” Sheppard replied.
The advocate also questioned Sheppard about what transpired when police arrived at the scene.
“Were there any shots fired after the police arrived?” Gissing asked.
“No,” Sheppard responded.
Gissing then put it to the witness that, according to his client’s instructions, a member of the traffic police fired a shot after arriving at the scene.
“Not in my presence,” Sheppard replied.
Sheppard wrapped up his testimony, and the state is expected to bring a new witness. This while the court is hearing accused number five, Nthabiseng Nzama’s lawyer Advocate Timothy Chauke’s application for Nzama to be excused from attending trial physically while the court deals with shootings that she has not been implicated in.
In her affidavit, Nzama says she is a student, and the expectation for her to be in court daily pertaining to evidence that exonerates her is putting an unnecessary burden on her and her education and does not advance the interests of justice. She says her lawyer will remain in court and is only asking that she be excused from portions of the trial that do not involve her.
ALSO READ: Dramatic turn in Cat Matlala case as trial within a trial ensues
- The trial within a trial in the attempted murder case involving Vusimuzi "Cat" Matlala and co-accused resumed, focusing on excluding evidence obtained during the arrest of alleged hitman Musa Kekana.
- State witness Christiaan Sheppard testified about following vehicles linked to the case, while defense lawyer Advocate Riaan Gissing challenged the reliability of Sheppard's identification of Kekana and the vehicles.
- Gissing questioned visibility conditions, identification methods, and disputed claims about shots fired after police arrival, with Sheppard denying any shots fired in his presence.
- The court is set to hear from a new state witness next, while legal proceedings continue regarding accused Nthabiseng Nzama's request to be excused from physically attending parts of the trial.
- Nzama argues attending daily court appearances impedes her studies and that her lawyer's presence is sufficient for portions of the trial not involving her directly.
State witness Christiaan
"You had to identify the make and model of the car and the registration?"
"Yes, they were actually driving quite slow,"
He also questioned the visibility conditions at the time.
"What were the weather conditions?"
"It was a sunny day,"
"What prevented you from observing the face of the passengers in the vehicle?"
"I identified them with their clothing,"
"
"Correct,"
"Were there any shots fired after the police arrived?"
"No,"
"Not in my presence,"
In her affidavit, Nzama says she is a student, and the expectation for her to be in court daily pertaining to evidence that exonerates her is putting an unnecessary burden on her and her education and does not advance the interests of justice.
ALSO READ: Dramatic turn in Cat Matlala case as trial within a trial ensues
