The Randburg magistrate’s court has heard that Deputy President Paul Mashatile’s protectors failed to identify themselves as police officers on the day they allegedly attacked the Polo Vivo passengers and driver.
This emerged as the court concluded another grueling day of cross-examination as the defence raised provocative questions regarding the testimony of the second witness.
Quickly after the witness testified, defence counsel, advocate Mswazi Makhubele, went after the witness. He claimed that the witness was intoxicated at the time of the incident. The witness was at the scene and allegedly also a victim of the hostility of the VIP protection officers. They are attached to Deputy President Paul Mashatile,
Makhubele compared the witness’s account to that of the first witness. He also highlighted that the two versions do not correspond.
Cross examination by defence
“According to the testimony you gave before this court, you were woken up from your sleep. Then you saw three firearms pointed at you, but the first said he saw only two.
“Were you aware of your surroundings when you woke up?” Makhubele asked during his cross-examination.
The witness, who is a trained soldier, said he had been trained for situations like that.
“During training, we would be woken up and expected to sort out things in a short space of time. So the minute I got woken up, I already knew what was happening,” he responded.
However, Makhubele told the court that the firearms that the witness claims he saw were not pointed at anyone.
“The accused admits that they carried guns, however, they were not pointed at anyone.”
The witness explained that after he saw the firearms, he thought they were being hijacked. This was because the accused didn’t present themselves as police or produce identification.
“Those were not hand signals. They held guns with both their hands. When I saw the firearms, I thought that we were getting hijacked. According to my knowledge, when police stop cars, they identify themselves. But in this case none of that happened. There were no blue lights,” he said.
Witness denies being intoxicated
Makhubele questioned whether the witness was intoxicated during the incident. And if there were beer bottles in the vehicle.
“No, I was not intoxicated and there were no bottles in the car,” he replied.
“It is my instructions that you were intoxicated on the day and beer bottles were found inside the vehicle. Further, it is my instruction that the door that you [were] seated next to, was locked. And you were asked to open it, but you refused.”
The witness disagreed.
Earlier in court, the video of the incident was played. And the witness identified himself underneath the rails by the side of the road.
“That’s incorrect. How would they have managed to drag me out the of the vehicle if it was locked.”
The witness told the court that accused number four in the case is the one who assaulted him. And he identified him at the parade in 2023.
Defence disputes assault
However, according to Makhubele it is improbable that the witness was assaulted by accused number four.
“Can you confirm that when you appear in the video, accused number four doesn’t appear to be hitting you. Is there a point in the video that show you being assaulted by accused number four? The fact that the video didn’t show you being assaulted means, accused number four didn’t assault you.
“The previous witness said he was the one who drove from the scene to the military base. Are you saying that this court must discard his testimony over yours?”
The witness maintained his testimony, saying he is the one who drove to the military base.
“No, I’m not speaking on behalf of him but I’m testifying on what I know. I wasn’t intoxicated on the day and there were no bottles.
“I drove to the military base because the driver was unconscious, the other two passengers cannot drive,” he said.
Case postponed to August 20
Before summing up his cross-examination, Makhubele asked if the witness has a valid driver’s licence.
“No, I don’t have one.”
Magistrate Abdul Khan postponed the case to August 20, for more witnesses to testify.
The team is facing 11 changes, which they have all pleaded not guilty to. This was after they allegedly assaulted the witnesses, as they allegedly posed a danger to the convoy that transported Mashatile.
They are all out on R10, 000 bail each after they handed themselves over to Sandton police station in July 2023.
