Numerous court applications and at least three trials-withina-trial have slowed the progress of the case against four men charged with the 2015 murder of a 78-year-old Denise Webber, of Kabega Park.
On Tuesday, Port Elizabeth High Court judge Irma Schoeman allowed the admission of a confession made by Thanduxolo Vumasonke into evidence.
Immediately after the ruling, the trial hit a further snag when legal counsel for another accused, Fikile Mengo, 20, said they would oppose his confession statement, claiming Mengo had been assaulted by police and forced to confess.
Mengo’s legal counsel, advocate Xolile Bodlo, made an application to have Mengo moved from the North End prison to the Mount Road police station holding cells.
Prosecutor Jason Thysse told the court that due to an administrative error, Mount Road was unable to keep Mengo but the Humewood police station had confirmed he could be detained there.
Mengo was moved from St Albans to North End on August 20 for security reasons and the latest move was also for these reasons, Thysse said, without divulging further details.
Immediately after Schoeman made the order for Mengo to be detained at Humewood, Vumasonke’s advocate, Zolile Ngqeza, indicated to the court that his client wished to apply to be released from custody on the grounds of unlawful detention.
“On the face of the evidence before court, my client has been unlawfully detained,” Ngqeza said. Vumasonke had been treated unfairly after he was arrested on Sunday August 30 2015 at 10.20am and appeared in court only on Tuesday September 1 2015 at noon, he said.
This, he said, was outside the 48-hour period constitutionally allocated to any person arrested for any crime.
Schoeman said it would not be proper for her to hear the application as she was still busy hearing the actual trial.
After a brief adjournment, Schoeman ordered that Ngqeza file and serve a notice of motion with a founding affidavit by 8.30am on Thursday.
The state must present an answering affidavit by 1pm and the accused must submit a responding affidavit by 4pm.
The application will be heard on Friday after Schoeman was able to secure a judge to hear the matter.
Vumasonke and Mengo, along with Mkhuseli Nganda, 29, and Sinethemba Nenembe, are charged with the murder of Webber as well as robbery. All have pleaded not guilty. The trial is expected to continue on Monday.