The cross-examination of a star state witness grew heated yesterday when the alleged mastermind of the crime accused the witness of being dishonest.
On Tuesday, in the trial of two police officers and seven other men accused of robbing and killing a Dimbaza businessman in July 2015, the witness, Lulama Gciya, 33, had startled the regional court in Zwelitsha with his blow-by-blow account of how businessman Fikile “Ficks” Jilaji was murdered.
Xolani Lucas Gadlela, Ricardo Adams, Verdon Jones, Ayanda Ngabase, Siyanda Faku, Enrico Present, Lonwabo Phillip and police detectives Mphuthumi Matomela and Xolisa Madoli are on trial for robbery, murder, and possession of illegal firearms and ammunition.
Gciya turned state witness and is under witness protection.
He had already implicated the nine men in the crime, but went further to testify that he was introduced to the other accused by Gadlela, who planned the robbery as he had intimate knowledge of Jilaji’s business operations.
All the accused, except for Gadlela, are being represented by attorneys. Gadlela is representing himself.
He began his cross-examination in the packed courtroom by going over the logistics of Gciya’s arrest on August 7 and subsequent confession on August 10.
“When you were arrested in your flat you told police you know nothing about the Dimbaza murder, correct?” Gciya responded: “That’s correct.”
Gadlela: “Did Qakala not say he knows everything when he was arresting you?”
Gciya: “He said this after I had made a warning statement.”
Gadlela: “So what made you confess?”
Gciya: “I couldn’t keep quiet because the robbery involved murder.”
Gadlela then wanted to know if Gciya had been informed of the consequences of turning state witness and if he was influenced by an offer of freedom if he agreed to testify against him.
Gciya said he had not been influenced and his release from custody had come as a surprise.
Gadlela: “In the statement you made when turning state witness about the meeting of July29 my name is not mentioned but you told this court that I was present at the meeting.”
Gciya responded it might have been the investigating officer who did not include Gadlela’s name in the statement.
“Did you not read the statement after Mr Qakala was done writing it?” Gciya responded that he had read it.
“In your confession you said we met police in Berlin. What car were they driving,” Gadlela asked to which Gciya responded: “Toyota double cab.”
Gadlela shot back: “In your confession statement you said Nissan Nivina.”
Gciya: “I might have gotten the cars mixed up but both cars were driven by the officers that day, one in the afternoon and one in the evening.”
Gadlela moved on to deal with the proximity of the microbus and the vehicle the officers were driving on the night of the robbery and murder.
“You told this court that the proximity of the vehicles was 1.5m apart but tracker records show the vehicles 40m apart. You told this court that I accepted a firearm through the window of the vehicle but in your statement you said I alighted from the car, walked and when I came back I was carrying a firearm. These events are not true and you were released illegally,” Gadlela said.
The trial was postponed to March 27 for further evidence. — zwangam@dispatch.co.za
Accused cross-examines state’s star witness in Dimbaza trial
On Tuesday, in the trial of two police officers and seven other men accused of robbing and killing a Dimbaza businessman in July 2015, the witness, Lulama Gciya, 33, had startled the regional court in Zwelitsha with his blow-by-blow account of how businessman Fikile “Ficks” Jilaji was murdered.
Xolani Lucas Gadlela, Ricardo Adams, Verdon Jones, Ayanda Ngabase, Siyanda Faku, Enrico Present, Lonwabo Phillip and police detectives Mphuthumi Matomela and Xolisa Madoli are on trial for robbery, murder, and possession of illegal firearms and ammunition.
Gciya turned state witness and is under witness protection.
He had already implicated the nine men in the crime, but went further to testify that he was introduced to the other accused by Gadlela, who planned the robbery as he had intimate knowledge of Jilaji’s business operations.
All the accused, except for Gadlela, are being represented by attorneys. Gadlela is representing himself.
He began his cross-examination in the packed courtroom by going over the logistics of Gciya’s arrest on August 7 and subsequent confession on August 10.
“When you were arrested in your flat you told police you know nothing about the Dimbaza murder, correct?” Gciya responded: “That’s correct.”
Gadlela: “Did Qakala not say he knows everything when he was arresting you?”
Gciya: “He said this after I had made a warning statement.”
Gadlela: “So what made you confess?”
Gciya: “I couldn’t keep quiet because the robbery involved murder.”
Gadlela then wanted to know if Gciya had been informed of the consequences of turning state witness and if he was influenced by an offer of freedom if he agreed to testify against him.
Gciya said he had not been influenced and his release from custody had come as a surprise.
Gadlela: “In the statement you made when turning state witness about the meeting of July29 my name is not mentioned but you told this court that I was present at the meeting.”
Gciya responded it might have been the investigating officer who did not include Gadlela’s name in the statement.
“Did you not read the statement after Mr Qakala was done writing it?” Gciya responded that he had read it.
“In your confession you said we met police in Berlin. What car were they driving,” Gadlela asked to which Gciya responded: “Toyota double cab.”
Gadlela shot back: “In your confession statement you said Nissan Nivina.”
Gciya: “I might have gotten the cars mixed up but both cars were driven by the officers that day, one in the afternoon and one in the evening.”
Gadlela moved on to deal with the proximity of the microbus and the vehicle the officers were driving on the night of the robbery and murder.
“You told this court that the proximity of the vehicles was 1.5m apart but tracker records show the vehicles 40m apart. You told this court that I accepted a firearm through the window of the vehicle but in your statement you said I alighted from the car, walked and when I came back I was carrying a firearm. These events are not true and you were released illegally,” Gadlela said.
The trial was postponed to March 27 for further evidence. — zwangam@dispatch.co.za
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