The Mthatha High Court yesterday praised police officers for being credible state witnesses in the trial-within-a-trial regarding the murder of popular US-born Mthatha-based Catholic nun, Sister Mary Paul Tacke, 82.
Judge Lusindiso Pakade ruled that a statement which implicated accused Asiphe Ndikinda, 23, and co-accused as Msixole Ndlebe, 22, was admissible.
The judge found that Ndikinda made the statement freely and voluntarily, and was not under any influence or duress, and was a person of sound and sober mind.
Ndikinda claimed that he was tortured and assaulted by police to make the statement, which implicated him and Ndlebe.
The judge also ruled that Ndikinda was informed by police of his constitutional rights and given access to legal representation.
Ndikinda and Ndlambe stand accused of the murder, kidnapping, robbery with aggravating circumstances and unlawful possession of a firearm and ammunition.
Tacke’s body was discovered in a stream at Tyharha village near Nyandeni Great Place, in Libode, on June 16 last year.
She had been kidnapped a day earlier as she finished delivering food to her children’s project, Thembelihle Home, in Norwood in Mthatha.
Captain Bongani Ngxola, who was found by the judge to be a credible state witness, read Ndikinda’s statement, which he took down on June 20 last year.
In it, Ndikinda explained how the pair planned to hijack a car in Mthatha and then rob foreigners’ shops in Libode.
The two arranged to meet in Mthatha, and Ndlebe brought a gun.
They then went to Ngangelizwe, Khwezi and Mbuqe, looking for a car to hijack, but could not find any, so they went to Norwood, where they hijacked Tacke.
“I said to Masixole that we must not hijack the old lady because we will cause ourselves bad luck.
“But Masixole pointed the firearm at her and I was forced to drive the car,” said Ndikinda.
He drove to the N2 and then in the direction of Sibangweni village, heading towards Tsolo, on the Nyandeni gravel road.
“The old lady was begging with us not to drive fast because she has heart problems, but Masixole would not listen and pointed a gun at her,” said Ndikinda.
He said they stopped at a bridge near Nyandeni, forced Tacke out of the car and “Masixole shot at her”.
They then proceeded to Libode to rob foreign stores, but they were all closed.
In the statement, he did not say whether Ndlebe shot the nun dead or explain how her body ended up in the stream.
He said they then drove back to Mthatha, where they were chased by the police, and overturned the vehicle.
They escaped on foot, leaving one of their cellphones and the gun in the car.
Pakade closed the trial-within-trial, and the main trial will resume on March 22.
Cops praised in trial of slain nun
Judge Lusindiso Pakade ruled that a statement which implicated accused Asiphe Ndikinda, 23, and co-accused as Msixole Ndlebe, 22, was admissible.
The judge found that Ndikinda made the statement freely and voluntarily, and was not under any influence or duress, and was a person of sound and sober mind.
Ndikinda claimed that he was tortured and assaulted by police to make the statement, which implicated him and Ndlebe.
The judge also ruled that Ndikinda was informed by police of his constitutional rights and given access to legal representation.
Ndikinda and Ndlambe stand accused of the murder, kidnapping, robbery with aggravating circumstances and unlawful possession of a firearm and ammunition.
Tacke’s body was discovered in a stream at Tyharha village near Nyandeni Great Place, in Libode, on June 16 last year.
She had been kidnapped a day earlier as she finished delivering food to her children’s project, Thembelihle Home, in Norwood in Mthatha.
Captain Bongani Ngxola, who was found by the judge to be a credible state witness, read Ndikinda’s statement, which he took down on June 20 last year.
In it, Ndikinda explained how the pair planned to hijack a car in Mthatha and then rob foreigners’ shops in Libode.
The two arranged to meet in Mthatha, and Ndlebe brought a gun.
They then went to Ngangelizwe, Khwezi and Mbuqe, looking for a car to hijack, but could not find any, so they went to Norwood, where they hijacked Tacke.
“I said to Masixole that we must not hijack the old lady because we will cause ourselves bad luck.
“But Masixole pointed the firearm at her and I was forced to drive the car,” said Ndikinda.
He drove to the N2 and then in the direction of Sibangweni village, heading towards Tsolo, on the Nyandeni gravel road.
“The old lady was begging with us not to drive fast because she has heart problems, but Masixole would not listen and pointed a gun at her,” said Ndikinda.
He said they stopped at a bridge near Nyandeni, forced Tacke out of the car and “Masixole shot at her”.
They then proceeded to Libode to rob foreign stores, but they were all closed.
In the statement, he did not say whether Ndlebe shot the nun dead or explain how her body ended up in the stream.
He said they then drove back to Mthatha, where they were chased by the police, and overturned the vehicle.
They escaped on foot, leaving one of their cellphones and the gun in the car.
Pakade closed the trial-within-trial, and the main trial will resume on March 22.
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