Magistrate Vivian Cronje maintains that accused number two, Bongani Ntanzi, did not show signs of being threatened or victimised before making his confession.
Cronje said this during her cross-examination in the Senzo Meyiwa murder trial at the Pretoria High Court on Friday.
Advocate Thulani Mngomezulu said he was instructed that the confession was made under immense pressure, as his client was allegedly severely brutalised in an attempt by police officers to obtain his confession.
He revealed that Ntanzi was arrested on Youth Day in 2020 and allegedly confessed during an interview on June 24 2020, eight days after his detention.
He said during this time, Ntanzi had not appeared before a court although an arrested person should appear before court within 24 hours of their arrest.
Mngomezulu said Ntanzi only appeared before court on October 27 2020, and highlighted that his client had been unfairly treated and victimised while in police custody.
According to his instruction, Ntanzi was taken to several places before being sent to the Benoni magistrate’s court for a confession.
Bruises and forehead scar
However, Cronje insisted that Ntanzi only informed her that he got the injuries while working underground, and mentioned that a forehead scar was from his childhood.
She said it was strange that the accused was allegedly victimised on three or four occasions as per instruction, but did not mention it during an interview.
Cronje insisted that she did not see any bruises, but was told that the accused had not taken a bath for eight days since his arrest.
In relation to the intimidation claimed by Mngomezulu on the day his client made the confession, Cronje said she could not comment on how the heavily armed police escort could have affected Ntanzi.
“I am not a medical practitioner and I don’t know what the psychological effects thereof may be, but this gentleman, as he was there, didn’t appear as someone who was fearful.
“He appeared calm. He was relaxed when he spoke to me, he really wanted to talk,” said Cronje.
Mngomezulu also questioned the magistrate about the page which his client did not sign and was forming part of the confession document.
Moreover, he said, Cronje added to the intimidation by introducing herself as a magistrate, saying she should have avoided such an introduction.
Mngomezulu has concluded his cross-examination but further cross-examination by the defence continues on Monday.
