BREAKING: “HE WAS THE DRIVER” | KEY WITNESS IDENTIFIES MUSA KEKANA IN MATLALA ATTEMPTED MURDER TRIAL

[00:00:05]Can the court order list of sisters in holding the witness, please? Thank you.

[00:00:19]>> [clears throat] >> So, Mr. The rule I'm going to now proceed on the basis that we now in the interrogatory part of this trial, which is the trial within a trial.

[00:00:51]And I'm then going to make a note that Mr. Christian Frederick Shipard is the first witness in the trial within a trial.

[00:01:00]>> As the court pleases, my lord.

[00:01:03]>> Mr. Christian, are you on the same page?

[00:01:04]>> Yes, thank you, my lord.

[00:01:05]>> Thank you, most kindly.

[00:01:10]>> Mr. Shipard I'm I'm sorry, my lord. Yes, he has to be sworn in again.

[00:02:08]>> Mr. Shepstone, you remember you gave evidence this morning relating to your your involvement up until the time that the police members of the Slurry Police Services came onto the scene. Is that what you recall?

[00:02:24]The next part of the evidence that the state intends leading is uh relating to the admissibility of the evidence which the state intends to lead. That is regarding to the arrest, the search and seizure, and other aspects.

[00:02:42]So, in the ordinary course of business the state wants to lead that evidence, but the admission of that evidence is being disputed by accused number one.

[00:02:53]That the court has found that it must then go into an interlocutory applica- interlocutory part of the trial where it is called a trial within a trial in order for the court to determine the admissibility.

[00:03:09]So, we've now come out of the main trial. We've now gone into another compartment, okay?

[00:03:14]And we're going to deal then with that that part of the evidence because the court will then have to then make a pronouncement on the admissibility of the evidence, and based on on that, then the matter will proceed further.

[00:03:28]Good.

[00:03:29]So, you did step out of court for a few moments. So, just for purposes of good order, I just I wish to just want you to confirm if you you do you still confirm that you're under your former oath to speak the truth.

[00:03:42]And you do understand now we are dealing purely with a different aspect where the state is going to lead you on, all right?

[00:03:49]Good. You also once again invited, if you so desire to take a seat.

[00:03:54]>> Thank you.

[00:03:56]>> Excellent. Thank you.

[00:03:57]Miss Leroux, we may proceed with the trial within the trial.

[00:04:00]>> Thank you. Thank you, my lord. Mr. Sheppard, I want to take you now to the point where you were observing the Viano in 8th Avenue.

[00:04:10]You indicated previously it was at a distance of about 50 to >> Mr. Leroux, can I just interject for a moment?

[00:04:17]By any chance do you have any witnesses on either side who could be seated in court during the part of his evidence?

[00:04:24]>> I doubt it strongly, my lord.

[00:04:26]>> check, please, on both sides in the event that anybody is going to be called.

[00:04:30]>> No, my lord. Um there's no witnesses except for the investigating officer.

[00:04:37]>> Okay.

[00:04:38]You satisfied, Mr. Hassan?

[00:04:40]>> Yes, thank you.

[00:04:41]>> Thank you. Yes, we may proceed.

[00:04:42]>> Thank you. Mr. Sheppard, I want to take you to the point where you were now observing the the Mercedes-Benz V-Class from what you said before, from a distance of about 50 to 60 m in 8th Avenue.

[00:04:55]>> Yes, my >> And at that point you already then made contact with Captain Sikhakhane.

[00:05:08]>> That's right.

[00:05:16]>> Tell us now in your own words what then unfolded after you informed Captain Sikhakhane.

[00:05:27]>> Once I informed Captain Sikhakhane that the vehicle is stationary on 8th Road, they informed me that they are very close to my location.

[00:05:37]Um within seconds they came past me.

[00:05:41]As soon as the SAPS vehicles passed me, they switched on do lights and sirens.

[00:06:01]They approached the Mercedes V-Class.

[00:06:06]They got out of their vehicles and pointed the occupants of the V-Class with firearms.

[00:06:29]>> How many um vehicles other from SAPS or other law enforcement agency can you recall that you saw that in that exercise?

[00:06:41]>> Probably five men.

[00:06:58]>> Step-by-step, tell the court now from your observation point, what did you see happening? They approaching the V-Class.

[00:07:07]Step-by-step, please.

[00:07:09]>> Well, they approached like I said, they they approached the vehicle with the rifles pointed towards the occupants.

[00:07:15]And they were shouting out instructions like put your hands up, hands up.

[00:07:33]I could also hear them giving yelling out instructions to open the door to get out of the vehicle. Open the door and get out. Open the door and get out.

[00:07:55]>> Was uh Captain Sigobela in this group?

[00:07:59]>> Uh yes, ma'am.

[00:08:01]I could I could see his vehicle.

[00:08:02]Unfortunately, I'm not able to identify each member cuz the members have balaclavas or helmets on.

[00:08:09]Unfortunately.

[00:08:18]>> Did Can you recall whether you saw Captain Thobate there at that stage?

[00:08:23]>> I I could recall seeing his vehicle that he was driving at that uh current point, ma'am.

[00:08:42]>> You may proceed.

[00:08:45]>> Uh at that stage, the occupants of the V-Class got out of the vehicle. They pushed the doors open and they got out.

[00:09:08]Uh once the occupants of the vehicle were was out, uh the the passenger was taken to the back of the uh Viano.

[00:09:17]And the behind the Viano, he was laid down on the grass.

[00:09:36]>> Yes.

[00:09:38]>> The driver and the third gentleman on the sidewalk were also placed on the ground.

[00:09:45]All right, next to the Viano.

[00:10:03]>> [cough] [clears throat] >> You were still seated in your motor vehicle at that stage.

[00:10:11]>> That's correct, ma'am.

[00:10:18]>> You may proceed.

[00:10:20]>> Uh At that point, the it sounded like um subs were having a discussion or questioning them regarding the gentleman on the sidewalk, but I can't confirm what was asked.

[00:10:34]Captain Shibila Captain Shibila then called me and asked me to come down towards the the Viano.

[00:11:03]>> Yes.

[00:11:05]>> Uh once I arrived, Captain Shibila asked me to identify the occupants or or to confirm with the occupants that have been detained by them are the same occupants that were in the i20 earlier.

[00:11:29]I proceeded to the driver of the Viano, who identified himself as Musawenkosi Kana.

[00:11:36]And I could confirm by the build of his face and the the mustard long-sleeved shirt that it was the same driver as the the as I noticed in the i20.

[00:12:00]>> And with the court's permission, I will ask then that the three gentlemen as accused number one, two, and three just stand in court.

[00:12:10]I see accused number one has already removed his mask as I requested.

[00:12:15]So, Mr. Shepherd, I just want you to have a look at the three gentlemen if they stand up and see if you recognize any one of them.

[00:12:24]>> Yes, ma'am, I do.

[00:12:26]Only one one of the gentlemen, the gentleman to the far left.

[00:12:30]>> As accused number one.

[00:12:32]>> Yes, ma'am.

[00:12:32]>> Let the record show, my lord, that accused number one, Musawenkosi Kana, is pointed out by the witness.

[00:12:37]>> Mr. Kana, just put your hands up.

[00:12:40]Hand up. Is that the gentleman there?

[00:12:41]>> That's the gentleman, my lord.

[00:12:44]>> Thank you, gentlemen. You may be seated.

[00:12:54]>> You may proceed. What was your observations there? What further transpired?

[00:13:00]>> As I approached the he identified himself. The members turned him over so that I could see the face his face and I then confirmed that it is the suspect I or the person I saw of the who was driving the i20.

[00:13:14]And he was also complaining that the SAPS members mustn't they must take it easy if I can put it like that because he had recently was in hospital and he's sick.

[00:13:48]>> What language was he speaking?

[00:13:50]>> English, ma'am.

[00:14:01]>> If you say they picked him up, what do you mean by that? Why would they be >> I I think the evidence was turned him over.

[00:14:11]Yeah.

[00:14:12]So, it would appear that he was lying on his tummy, and they then turned him over so that the witness could take a look at his face.

[00:14:19]>> I will I will correct my statement.

[00:14:21]Um you mentioned that he was turned over.

[00:14:25]Can you just explain that to the court?

[00:14:27]>> It My lord, can I use that picture as an example cuz he was lying by the mag room on his stomach. So, when the members got to him, they locked arms with his arm, and they just lifted him so I could see the front of his his face and the identifying that way.

[00:14:51]>> So, if you're saying he was lying next to the mag room, if I drag the cursor, would you say it's to the >> Yes, ma'am.

[00:15:02]>> front >> In that area, yes, ma'am.

[00:15:04]>> There. So, you're pointing towards a point um if one would say closest to the front of the vehicle.

[00:15:14]>> Yes, ma'am.

[00:15:15]>> So, I want you to go to your photo number 27, and if we provide you with a red pen, can we just provide the witness with a red pen, please?

[00:15:31]If you can then just mark with an X on your photo album where accused number one was lying down and where he was turned over.

[00:15:46]And if it can then just be shown to the court and to all counsel.

[00:16:37]>> Please show it to the accused as well.

[00:16:39]Thank you, that was I was just about to Thank you.

[00:17:10]The witness has placed an asterisk as court noted in an area just in front of the wheel rim that is on the grassy area outside this particular property and next to the driver's door of the Viano.

[00:17:38]Do you agree with that Mr. >> I I'm in agreement ma'am.

[00:17:42]>> Mr. Hesling says >> Thank you.

[00:17:47]Mr. Shepherd, you may continue. So, you identified the accused um and he still was wearing he was still wearing that mustard top.

[00:17:57]>> That's right, ma'am.

[00:18:03]>> And he was turned over so that you could see his front.

[00:18:07]>> Yes, ma'am.

[00:18:16]>> I want to refer you now in your album to specifically photo number 379.

[00:18:38]>> [cough] >> So, what you see there are you agree in agreement that that is the mustard colored colored top that you've already identified?

[00:18:54]>> Uh yes, ma'am. That's correct. That's uh It's usually identifiable the the shirt you if you know what I mean. The color and the Yeah.

[00:19:04]>> With the color.

[00:19:05]>> Yes, ma'am.

[00:19:07]>> Now, on this photo and let's just go there for everyone's advantage.

[00:19:15]It's now being flighted on the screen.

[00:19:24]If you have regard to this photo, uh what is your observation with regard to the front of this photo? What do you see there?

[00:19:35]>> It looks like blood stains on the photo.

[00:19:50]>> Now, if you think back on that day from your observation, specifically there uh where you saw him now lying down on the ground with