Court scrutinises defence's questioning tactics in Phoenix trial
Image: Nomonde Zondi
The defence faced criticism at the Durban High Court on Friday after forcing a State witness to testify about the several times one of the four accused males struck him with a sjambok during the July 2021 unrest, when he and his companions were brutally attacked by a mob in Phoenix.
The State witness, Nkosikhona Madlala, is currently being cross-examined by advocate Ali Essop, who is representing Ravine Naidoo, charged with public violence and murder. Naidoo is charged along with Tees Tavern owner Trevor Gopal, Tyreece Govender, and Timothy Govender.
The four men allegedly severely assaulted Madlala, Njabulo Dlamini, and Sandile Sambo with golf clubs, sticks, baseball bats, and sjamboks. Dlamini subsequently died at the Mahatma Gandhi Memorial Hospital due to blunt force head injuries.
The trio had come to Phoenix with Linda Khuzwayo and Sanele Merase to buy cocaine from Tees' Tavern.
Moreover, the court has learned that Naidoo was one of the people who assaulted Madlala on July 12, 2021, in Phoenix.
Madlala has told the court that when they were about to leave Tees Tavern, a white bakkie blocked them, and a crowd forced them to get out of the Toyota Quantum they were travelling in.
He said that when they refused to sit next to their taxi after being forced to get out by the armed crowd, the driver of the bakkie fired a shot, and he and his friends ran away in different directions.
During the cross-examination, Essop questioned Madlala about the number of times Naidoo lashed him with a sjambok. Madlala said he did not recall, but Essop asked him if he could estimate, and he replied, 'No.'
'I cannot estimate because I do not want to lie before the court. A lot was happening there,' Madlala said.
He said many people were assaulting him, and he noticed Naidoo, who was wearing black tracksuits, had at one point taken off his top and was left with a green T-shirt.
However, Essop said he would argue that Madlala is an elusive witness because whenever questions are put to him, he starts by saying he does not want to lie to the court.
Judge Mluleki Chithi interjected at that moment and asked Essop why he would suggest that Madlala is an elusive witness.
He said the prosecutor, advocate Thabani Buthelezi, did ask Madlala if he remembers how many times Naidoo lashed him, and he said he could not recall.
'Court would not be viewing in the dim light how many times the witness was lashed by accused one (Naidoo),' Judge Chithi said.
Additionally, he said Madlala was in a volatile situation where he was severely assaulted by numerous people. He said if one is in pain, they are unable to count the number of times they are being beaten up.
Essop told the judge that he was trying to defend his client.
'This witness testified that he was severely assaulted by numerous people. You are expecting this witness to say how many blows. He said there were other people whom he was unable to identify. This person was threatened that he would be put in a burning taxi, and you expect him to know how many times he was beaten up?' the judge asked.
Essop ended up saying he would drop the question.
The trial continues.
nomonde.zondi@inl.co.za
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