Defence advocate Terry Price SC poked holes in much of the testimony of Warrant Officer Johannes Botes, who claimed he was present when alleged triggerman Sizwezakhe Vumazonke was read his rights.
Vumazonke was arrested on May 3 last year, in connection with the murder of school teacher Jayde Panayiotou.
He was arrested at 1:30am in KwaNobuhle, taken to Kabega Park police station at 2am, and then questioned for more than three hours before he was eventually taken to Despatch police station just before 6am.
Price, questioning Botes in the Port Elizabeth High Court on Tuesday morning, asked if he heard Captain Willie Mayi read Vumazonke his rights.
“Yes,” said Botes.
Asked what language Mayi spoke in, Botes said he conversed with Vumazonke in Xhosa.
Conceding that he can’t understand Xhosa, Botes said he only saw Mayi fill in the notice of rights while asking Vumazonke questions.
Price countered by placing the notice of rights on the overhead projector, where Mayi had noted that the rights were in fact done in English.