A defence lawyer spent Tuesday trying to punch holes in the evidence of state witnesses – and did expose some elements of poor police investigation in the trial of a sangoma accused of beheading and dismembering a Mbizana schoolgirl for muti.
The police officer who headed the investigating task team admitted in court that there were aspects of the investigative work that could have been done better.
It was a tough day in the Mthatha high court sitting in Mbizana as sangoma Olwethu Mbalwa’s Legal Aid SA defence attorney, Andile Nohiya, grilled Mbizana station commander Lieutenant-Colonel Arnold Freemantle.
Mbalwa is accused of killing Sinoyolo Mgaga, 17, for body parts. Her headless and mutilated body was found on October 15 2017 at KwaNikhwe village in Mbizana, where she had stayed with her aunt Noluthando Bandezi.
Mbalwa has been in custody since his arrest on October 27 2017.
Freemantle testified as to how his team had recovered the body parts, head and vagina.
Replying to Nohiya, he admitted that after Mbalwa confessed, they went to the scene he pointed out without a photographer.
Nohiya put to him that, according to procedure, he was supposed to have had a photographer with him from the start.
“I had forgotten to call the photographer. I think it was an error from me not to have a photographer with me from the start. It was a mistake. I am learning,” he said, adding that he thought he was going to the scene only to recover the body.
“We were only concerned with the recovery of the items and not the suspect,” said Freemantle, adding that Mbalwa went with them and pointed out where the body parts were buried.
“We could not have known the place if it was not him who took us there. Also, the scenes are all next to his homestead,’’ Freemantle said.
Nohiya said his client denied he had led police to the scene.
Judge Buyiswa Majiki postponed the case to April 15...