The state’s witness, Tactical Response Team (TRT) Captain Alfred Sekgobela, has been accused by defence advocate Riaan Gissing, who represents accused number one Musa Kekana, of not telling the court the truth.
Sekgobela had testified that Kekana had been informed of his constitutional rights before his arrest.
Proceedings resumed on Thursday in the attempted murder and conspiracy to commit murder trial involving alleged underworld figure Vusimuzi “Cat” Matlala and his co-accused, after a lengthy delay while the state and defence sorted out documentation.
Sekgobela denies allegations of Kekana torture
When Gissing started, he stated that his client was tortured on the day of his arrest, which he said was the reason Kekana coughed up blood.
However, Sekgobela denied the allegations.
“That is not true. There was no reason for us to have tortured him. He complied, allowed us to search his house, and his rights were read to him. He cooperated throughout,” he replied.
Gissing told the court that Kekana had instructed him that, as a result of the alleged torture, he was not in his sound and sober senses.
“That is not true, he was in his sober senses. The only problem was his persistent coughing, so we called the ambulance,” said Sekgobela.
Sekgobela was present during Kekana’s arrest.
Continuing his cross-examination, Gissing told the court he would begin where he had left off the previous day.
“My instructions are that the white Hyundai was owned by a tenant, Gift. This is what he said he told you. Do you agree?”
“I don’t agree,” said Sekgobela.
“It is my further instruction that, at the time, he had a lease agreement with Gift, who lived in the same yard as him. Did he explain that to you?” Gissing continued.
“No, he did not explain that to us. He was relaxed.”
‘He was so calm’
Questioning the witness further, Gissing asked how Kekana was relaxed but in handcuffs.
“He was arrested, but he was calm? That’s your evidence?” he asked
“That is correct, he was so calm,” replied Sekgobela.
Gissing then put it to the witness that Kekana had alleged officers forced him onto his knees and covered him with a duvet while he was being assaulted.
“You said, ‘Give me the guns or I will blow your head.’”
Sekgobela denied the allegation.
“That is not true. I am a captain who was leading other members. I cannot be a leader and allow such to happen. I make sure that every member follows protocols,” he responded.
Gissing challenged the witness further.
“It’s not you who allowed it, it’s you who did it. You’d never lie under oath, right? But I put it to you that you have.”
Sekgobela declined to engage with the accusation.
“You’re counsel in court, and I will not argue with you,” said Sekgobela.
Trial-within-a-trial
Gissing also told the court that Kekana alleged Sekgobela placed a plastic bag over his face while repeatedly asking whether he was the driver and where the guns were.
This is the trial within a trial examining the circumstances surrounding Musa Kekana’s arrest.
The court will decide whether the disputed evidence is admissible in the main trial. Only after that ruling will the main trial continue with the merits of the case.
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- TRT Captain Alfred Sekgobela, state's witness, is accused by defence advocate Riaan Gissing of lying about Musa Kekana's rights and treatment during his arrest.
- Sekgobela insists Kekana was informed of his constitutional rights and denies any torture claims, stating Kekana was calm and cooperative despite persistent coughing.
- Defence alleges Kekana was tortured, forced onto his knees, covered with a duvet, and had a plastic bag placed over his face, all denied by Sekgobela who maintains adherence to protocols.
- The current hearing is a trial-within-a-trial focusing on the circumstances of Kekana's arrest, which will determine if disputed evidence is admissible in the main murder and conspiracy trial.
- The main trial involves alleged underworld figure Vusimuzi "Cat" Matlala and co-accused; proceedings resumed after delays to sort documentation.
