The trial-within-a-trial in the attempted murder case against alleged underworld figure, Vusimuzi “Cat” Matlala, his wife Tsakani Matlala and others resumed in the Johannesburg High Court on Monday, with the admissibility of evidence obtained during the arrest of accused number one, Musa Kekana, remaining at the centre of proceedings.
Judge Cassim Moosa presided as defence advocate Anneline van den Heever continued her cross-examination of Captain Alfred Sekgobela who was leading the arrest of Kekana.
Handling of crime scene
Van den Heever handed the court a South African Police Service (SAPS) standing order governing the handling of crime scenes, before questioning Sekgobela on police procedures as part of her cross-examination.
“As the person in charge, you are the person who said where Kekana was arrested (8th Road) is also a crime scene.”
“Correct,” Sekgobela replied.
“You made sure that the crime scene on 8th Road was cordoned off before you left to go to 5th Road (Kekana’s house).”
“Correct,” he said.
“You took all necessary steps to prevent contamination of the crime scene at Kekana’s house?”
“Correct,” Sekgobela replied.
Kekana’s medical state during arrest
Van den Heever continued to question him about Kekana’s medical condition during the arrest.
“Did you document anything as to when Kekana started coughing up blood?,” she asked.
“When he started coughing, I didn’t document it, I documented when he started coughing up blood. It is contained in my diary,” Sekgobela responded.
However, after being asked to identify the entry, he conceded.
“I made a mistake it is not in my diary it is in my statement.”
Van den Heever also challenged the officer’s handling of the scene.
“Your evidence is that you are a commander that follows the law, it is not true, you left Kekana’s house in disarray and you didn’t instruct your members to put things back the way they found them.”
Sekgobela denied the allegation.
Basis for arrests
The defence further questioned the basis for the arrests and the securing of the crime scene.
“I want to put it to you that you had no reasonable suspicion to arrest these people (Kekana and Tau) on 8th Road.”
“There was, and I have placed those reasons in the court,” Sekgobela responded.
After the defence closed its questioning, state prosecutor Elize le Roux began re-examination, despite an objection from the defence to her use of Sekgobela’s statement.
“What did you base your reasonable suspicion on to effect this arrest?” asked le Roux.
“The Hyundai i20 suspected to be involved in the Vereeniging murder was moving to 34 5th Road, Kew. The car was seen entering the address by an eyewitness. The witness then explained that the occupants of the i20 exited the address in a (Mercedes-Benz) Viano and included the description of the driver’s shirt,” he said.
‘We were so professional’
Sekgobela also testified that obtaining a search warrant within hours was unrealistic based on his experience and said officers acted professionally during the operation.
“How did you treat Kekana that day?”
“We were so professional. We respected each other, he and I.”
The trial within a trial continues.
Read More: ‘He coughed blood’: Court hears about arrest of ‘hitman’ linked to Cat Matlala
- The trial-within-a-trial in the attempted murder case involving Vusimuzi "Cat" Matlala and others resumed, focusing on the admissibility of evidence from the arrest of accused Musa Kekana.
- Defence advocate Anneline van den Heever cross-examined Captain Alfred Sekgobela on police procedures, the handling and contamination of crime scenes, and Kekana’s medical state during arrest.
- Sekgobela admitted a documentation error regarding Kekana coughing up blood and denied allegations that police left Kekana’s house in disarray.
- The basis for arrest was contested; Sekgobela justified it by linking a Hyundai i20 involved in a murder to the address where Kekana was found, supported by eyewitness accounts.
- Sekgobela defended the police operation as professional and noted obtaining a search warrant within hours was unrealistic; the trial-within-a-trial continues.
Judge Cassim Moosa presided as defence advocate Anneline van den Heever continued her cross-examination of Captain Alfred Sekgobela who was leading the arrest of Kekana.
Van den Heever handed the court a
"As the person in charge, you are the person who said where Kekana was arrested (8th Road) is also a crime scene."
"Correct," Sekgobela replied.
"You made sure that the crime scene on 8th Road was cordoned off before you left to go to 5th Road (Kekana's house)."
"Correct," he said.
"You took all necessary steps to prevent contamination of the crime scene at Kekana's house?"
"Correct," Sekgobela replied.
Van den Heever continued to question him about Kekana's medical condition during the arrest.
"Did you document anything as to when Kekana started coughing up blood?," she asked.
"When he started coughing, I didn't document it, I documented when he started coughing up blood. It is contained in my diary," Sekgobela responded.
However, after being asked to identify the entry, he conceded.
"I made a mistake it is not in my diary it is in my statement."
Van den Heever also challenged the officer's handling of the scene.
"Your evidence is that you are a commander that follows the law, it is not true, you left Kekana's house in disarray and you didn't instruct your members to put things back the way they found them."
Sekgobela denied the allegation.
"I want to put it to you that you had no reasonable suspicion to arrest these people (Kekana and Tau) on 8th Road."
"
After the defence closed its questioning, state prosecutor Elize le Roux began re-examination, despite an objection from the defence to her use of Sekgobela's statement.
"What did you base your reasonable suspicion on to effect this arrest?" asked le Roux.
"
Sekgobela also testified that obtaining a search warrant within hours was unrealistic based on his experience and said officers acted professionally during the operation.
"How did you treat Kekana that day?"
"We were so professional. We respected each other, he and I."
Read More: 'He coughed blood': Court hears about arrest of 'hitman' linked to Cat Matlala
