Judgment in another trial with in-a-trial in the case involving four men charged with the murder of an elderly Kabega Park woman will be heard in the Port Elizabeth High Court on Tuesday.
The trial, which started two weeks ago, has been punctuated by several trials-within-trials as confession statements by at least two of the four accused have been disputed.
Last week, judge Irma Schoeman allowed the admission of a confession from Mkhuseli Ngqanda, 29, after defence advocate Eric Skepe accused police of forcing Ngqanda to make the statement.
His statement detailed how he was requested by his co-accused to drop them off at the Needham Street home where Denise Webber, 78, was murdered in a robbery.
Ngqanda admitted in the statement accepted by the court that he took co-accused Thanduxolo Vumazonke, 23, and Sinethemba Nenembe, 28, to the house before leaving and returning later to collect them along with Fikile Mengo, 20.
Mengo was at the house to help wash walls before the flatlet in which Webber stayed was repainted.
On Monday, closing arguments were heard on the admissibility of Vumasonke’s alleged confession statement to police.
Vumasonke claimed he was not read his constitutional rights when he was arrested, that he was assaulted by arresting officer Sergeant Dudley Ferreira, and was threatened with pepper spray if he did not give the statement.
State advocate Jason Thysse said if Vumasonke was assaulted, he had ample opportunities to report it.
Vumasonke’s defence advocate Zolilie Ngqeza claimed Vumasonke was unduly influenced and assaulted.
He further claimed his client was taken to court after the mandatory 48 hours after an arrest and this had affected the validity of the information given to police.