The police and State did not have “their ducks in a row” in the murder trial of two former police officers, a judge in Pretoria said.
|||The police and State did not have “their ducks in a row” in the murder trial of two former police officers, a judge in the High Court in Pretoria said on Thursday.
Judge Mohamed Ismail expressed dissatisfaction at the way the investigation into the November 2009 death of Rwandan refugee Paul Ndayambe was handled.
He questioned the investigating officer about his attempts to find missing State witnesses, saying he “had not done enough”.
Former police constables, Madimetja Joel Kekana, 40, and Godfrey Moyahabo Masinga, 27, have pleaded not guilty to murdering Ndayambe.
He was shot dead on the corner of Church and Bosman Streets in the centre of Pretoria where he had been selling meat.
Investigating officer Christo de Jager, of the Independent Complaints Directorate, said a State witness he interviewed last week disappeared after telling him she feared for her life.
He had also been unable to trace three other State witnesses, all foreigners. Only one eyewitness, a 12-year-old boy, had testified so far.
Ismail responded he did not “buy that they just vanished into thin air”.
“It seems to me no efforts were made apart from just speaking to them (the witnesses) politely.”
He said people could be offered witness protection or incarcerated if they did not want to co-operate.
“They're not going to be found simply by the waving of a magic wand.”
The State informed the court that the missing witness had been offered protection and had undertaken to testify, but never turned up at court.
Ismail asked why the investigating officer had not contacted the home affairs department, and why he did not know the status of the witnesses.
“He's been entrusted to see to it that these witnesses are brought to court, but he doesn't even have his ducks in a row,” he said.
The State alleges the policemen shot Ndayambe dead after a quarrel started when they took meat from him and refused to pay.
The former constables admitted firing shots at Ndayambe, but claimed this was in self-defence because he was throwing bottles and stones at Masinga.
Kekana admitted shooting Ndayambe with Masinga's service pistol. Masinga said in a statement the firearm fell to the ground and he kicked it towards Kekana while the refugee was attacking him.
Ismail criticised the State's handling of the case.
“The State should have ensured that all the ingredients were there before it mixed the cake and put it in the oven. If the prosecution chooses to bake its cake without eggs it should realise that its cake will be a flop,” he said. - Sapa