Cross-examination begins after police officer details Kekana arrest

  • Tsotetsi told court about how police tracked the suspects to Kew.
  • Tsotetsi testified that Kekana raised concerns about his physical condition during the arrest.
  • Cpt Sekgobela informed suspects of their constitutional rights before leaving the scene with Kekana.

Cross-examination continued in the Johannesburg High Court on Tuesday after the state concluded the evidence-in-chief of Col Tumelo Thomas Tsotetsi on Monday in the trial within a trial in the attempted murder case involving businessman Vusimuzi Cat Matlala.

Tsotetsi, who was a captain at the time of the incident, became the latest witness to testify about the circumstances surrounding the arrest of accused Musa Kekana, with the court hearing how police tracked the suspects to Kew, carried out the arrest and processed the scene afterwards.

‘Sekgobela roped me in’

Led by prosecutor Elize le Roux, Tsotetsi testified that he became involved in the operation after receiving an early morning call from Cpt Alfred Sekgobela, who was coordinating the investigation into a murder in Vereeniging.

“I received a call from Cpt Sekgobela around 08h00 about a Vereeniging murder. The suspects were travelling in a Hyundai i20 and a Mercedes-Benz.  The suspects were believed to be in Kew. Sekgobela asked that I come and join the team. I was not far from the area, so I drove to Bramley,” said Tsotetsi.

He said Cpt Sekgobela sent him the location where police members were gathering before the operation commenced.

“Sekgobela sent me a location for the briefing. I arrived and I found Sekgobela and other members. He had already started briefing other members. He said that he had information that the suspects entered 34 5th Road in the Hyundai i20.”

According to Tsotetsi, the operational plan changed when new information indicated that the suspects had left the property in a different vehicle.

“Sekgobela then received a call that the suspects that entered in the Hyundai i20 are exiting the property in a white Mercedes Viano. Sekgobela then tasked Sheppard to follow the Viano.”

The team then proceeded to Kew to intercept the vehicle.

“We proceeded to 8th Road in Kew. We were driving behind Sekgobela, who was following the directions provided by Sheppard (private security officer). I saw the white Viano.”

Tsotetsi also explained how officers travelled during the operation, saying he switched vehicles after arriving at the briefing point.

“At the briefing I arrived in a Polo-marked police vehicle. When we travelled to Kew, I got into an unmarked BMW, the Polo I arrived in was left behind at the briefing spot. I travelled with Cpt Andrius and Warrant Officer Phiri.”

Arrest effected

The court heard that after the suspects were stopped, Cpt Sekgobela informed them of the reason for their arrest.

“Sekgobela told Kekana and Tau that they were being arrested for suspicion of being involved in a Vereeniging murder.”

Tsotetsi testified that Kekana raised concerns about his physical condition during the arrest.

“Kekana complained that he was uncomfortable and he had just been released from hospital. So I suggested we cuff him from the front and sit him up.”

‘Suspects informed of their rights’

He further told the court that Cpt Sekgobela informed both suspects of their constitutional rights before leaving the scene with Kekana.

“Sekgobela informed them of their rights and they said they understand. After a short while, Sekgobela left with Kekana.”

When Le Roux asked him to clarify what he meant by a short while, he said around 10 minutes or so.

Once Kekana had left the scene, Tsotetsi stayed behind to secure the area while waiting for forensic investigators.

“I remained on 8th Road and cordoned off the scene. I called the Local Record Criminal Centre (LCRC) and waited for them to arrive. I showed them what we found, I also uplifted prime residue from Tau.”

He said the forensic team later requested that Kekana return so that they could carry out the same forensic procedure on him.

“LCRC asked that Kekana be brought back so that prime residue can be lifted from him. I called Sekgobela and informed him.”

Tsotetsi’s evidence forms part of the trial within a trial, where the court is considering issues relating to the admissibility of evidence obtained during Kekana’s arrest

 

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  • Col Tumelo Thomas Tsotetsi testified about the arrest operation of accused Musa Kekana in the attempted murder case of businessman Vusimuzi Cat Matlala.
  • Tsotetsi was called in by Cpt Alfred Sekgobela, who coordinated the investigation into a Vereeniging murder, and joined the police team after receiving information on the suspects' location.
  • Police followed suspects traveling in a white Mercedes Viano to 8th Road in Kew, where the arrest was made and suspects were informed of their constitutional rights.
  • Kekana complained about discomfort due to a recent hospital release, prompting officers to cuff him from the front and sit him up during the arrest.
  • Tsotetsi secured the scene for forensic investigations, who later requested Kekana to return for prime residue testing; the evidence relates to the admissibility of material obtained during Kekana's arrest.
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Cross-examination continued in the Johannesburg High Court on Tuesday after the state concluded the evidence-in-chief of Col Tumelo Thomas Tsotetsi on Monday in the trial within a trial in the attempted murder case involving businessman Vusimuzi Cat Matlala.

Tsotetsi, who was a captain at the time of the incident, became the latest witness to testify about the circumstances surrounding the arrest of accused Musa Kekana, with the court hearing how police tracked the suspects to Kew, carried out the arrest and processed the scene afterwards.

Led by prosecutor Elize le Roux, Tsotetsi testified that he became involved in the operation after receiving an early morning call from Cpt Alfred Sekgobela, who was coordinating the investigation into a murder in Vereeniging.

"I received a call from Cpt Sekgobela around 08h00 about a Vereeniging murder. The suspects were travelling in a Hyundai i20 and a Mercedes-Benz.  The suspects were believed to be in Kew. Sekgobela asked that I come and join the team. I was not far from the area, so I drove to Bramley," said Tsotetsi.

He said Cpt Sekgobela sent him the location where police members were gathering before the operation commenced.

"Sekgobela sent me a location for the briefing. I arrived and I found Sekgobela and other members. He had already started briefing other members. He said that he had information that the suspects entered 34 5th Road in the Hyundai i20."

According to Tsotetsi, the operational plan changed when new information indicated that the suspects had left the property in a different vehicle.

"Sekgobela then received a call that the suspects that entered in the Hyundai i20 are exiting the property in a white Mercedes Viano. Sekgobela then tasked Sheppard to follow the Viano."

The team then proceeded to Kew to intercept the vehicle.

"We proceeded to 8th Road in Kew. We were driving behind Sekgobela, who was following the directions provided by Sheppard (private security officer). I saw the white Viano."

Tsotetsi also explained how officers travelled during the operation, saying he switched vehicles after arriving at the briefing point.

"At the briefing I arrived in a Polo-marked police vehicle. When we travelled to Kew, I got into an unmarked BMW, the Polo I arrived in was left behind at the briefing spot. I travelled with Cpt Andrius and Warrant Officer Phiri."

The court heard that after the suspects were stopped, Cpt Sekgobela informed them of the reason for their arrest.

"Sekgobela told Kekana and Tau that they were being arrested for suspicion of being involved in a Vereeniging murder."

Tsotetsi testified that Kekana raised concerns about his physical condition during the arrest.

"Kekana complained that he was uncomfortable and he had just been released from hospital. So I suggested we cuff him from the front and sit him up."

He further told the court that Cpt Sekgobela informed both suspects of their constitutional rights before leaving the scene with Kekana.

"Sekgobela informed them of their rights and they said they understand. After a short while, Sekgobela left with Kekana."

When Le Roux asked him to clarify what he meant by a short while, he said around 10 minutes or so.

Once Kekana had left the scene, Tsotetsi stayed behind to secure the area while waiting for forensic investigators.

"I remained on 8th Road and cordoned off the scene. I called the Local Record Criminal Centre (LCRC) and waited for them to arrive. I showed them what we found, I also uplifted prime residue from Tau."

He said the forensic team later requested that Kekana return so that they could carry out the same forensic procedure on him.

"LCRC asked that Kekana be brought back so that prime residue can be lifted from him. I called Sekgobela and informed him."

Tsotetsi's evidence forms part of the trial within a trial, where the court is considering issues relating to the admissibility of evidence obtained during Kekana's arrest

 

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