The fourth state witness in the murder trial of five former Walter Sisulu University students was never assaulted by any of the accused as he had stated in his evidence.
This was the argument of defence attorney Vuyani Gwebindlala in the Mthatha High Court on Wednesday.
Gwebindlala is representing Siphesihle Mafungwa, 21, Yamkela Mxokozeli, 23, Sindile Kango, 21, Philani Danca, 23, and Lwakhe Matakane, 20, who are accused of killing medical student Lwando Mantshontsho in May 2017.
They also face two counts of housebreaking and two counts of attempted murder charges.
State witness Dr Khangelani Wilson testified on Monday that on the night of the incident, he was assaulted by three of the accused, but during cross-examination on Wednesday, Gwebindlala said Wilson had never been assaulted and instead, “you assaulted accused one [Mafungwa] and two [Mxokozeli]”.
He further told Wilson that his evidence and that of the two previous witnesses did not match because it was all a fabrication.
However, Wilson remained adamant about the accuracy of his account of the events.
The state is expected to call more witnesses. The matter was postponed to November 27...