The Phala Phala farm burglary trial took a dramatic turn on Wednesday when a key state witness disowned his police statement. The witness was subsequently declared a hostile witness by the court, a development that could severely undermine the prosecution’s case.
The trial, being heard in the Modimolle Regional Court, involves Immanuela David and siblings Floriana and Ndilinasho Joseph, who are accused of stealing an estimated $580,000 (around R10-million) in foreign currency from President Cyril Ramaphosa’s Phala Phala farm in Bela-Bela in February 2020.
The cash was reportedly hidden inside furniture on the game farm. The incident triggered national outrage when the theft was exposed more than two years later.
Stunned the courtroom with new claim
On the witness stand, a man who cannot be named for legal reasons stunned the courtroom when he claimed he is illiterate and did not know what he was signing when police brought a pre-written statement to his home.
“I didn’t read the statement. I just signed it because the police told me to,” the witness told the court.
He also revealed he has a longstanding friendship with the accused. This further cast doubt on his reliability as a witness.
State prosecutor Nkhetheni Munyai initially tried to have the witness declared uncooperative in terms of Section 189 of the Criminal Procedure Act. But that application was dismissed by Magistrate Peter Manthate.
Undeterred, Munyai swiftly pivoted and applied under Section 190 to have the witness declared hostile. The court granted it, allowing the prosecution to cross-examine its own witness.
“May the state submit on the same factual basis that the witness be declared hostile in terms of Section 190,” said Munyai in court.
Defence lawyers objected, accusing the prosecution of being “desperate”. But the court ruled in the state’s favour.
With the admissibility of the witness’s statement now in question, the State has called for a trial-within-a-trial. This to determine whether the statement can be used as evidence. Munyai insists it was signed voluntarily.
Ruling on trial-within-trial
In a rare move, magistrate Manthate announced that his ruling on the trial-within-a-trial application will be delivered electronically on Thursday, rather than in open court. Legal teams are expected to receive the decision via official digital communication channels.
The outcome could significantly shape the direction of the trial going forward.
The Phala Phala burglary remained under wraps until 2022. This was when former spy boss Arthur Fraser blew the whistle. He alleged a high-level cover-up by the president and his allies.
The fallout has included parliamentary investigations. and calls for impeachment. Also ongoing scrutiny over Ramaphosa’s handling of undeclared foreign currency.
