Seven Angel's accused detail alleged abuses by Ngcobo cops

A trial-within-a-trial following the Ngcobo police massacre has on Thursday resumed at Mthatha High Court after five members of the notorious Mancoba Seven Angel Ministries Church who are the accused in the matter claimed that they were tortured and beaten by police and forced to make confessions.

All the accused Andani Monco, 32, Kwanele Ndlwana, 24, Siphosomzi Tshefu, 26, Siphesihle Tatsi, 22 and Phumzile Mhlatywa, 48 — who are facing 22 charges including five counts of murder, robbery with aggravating circumstances, attempted murder and unlawful possession of firearms and ammunition — had implicated themselves and made confessions.

They also made confessions of robbing and stealing firearms in Cala and Butterworth police stations

Judge Robert Griffths is yet to rule on the admissibility of the said confessions in connection to the Ngcobo case.

The accused claimed they were assaulted by a group of six police officers who were interrogating them at a garage of Tsolo magistrate’s court

Hawks' Mthatha -based member Warrant Officer Zwelenkosi Diko who is part of the team of detectives investigating the February 21 2018 police massacre was the first witness to take the stand in the trial-with-a-trial.

It is not yet clear as how many witnesses will the state called./

The five en were positively identified as main suspects after they were sifted from among the 50 males from the compound who were all held for questioning on February 24 2018. Forty-five others were later released.

Among the accused's claims was that they were

• forced to lie down on wet ground on the rainy day;
• were forced to make confession and couched what to say;
• were suffocated with a black tyre cube that was forced over their faces;
• had pepper spared discharged on them;
• kicked and punched;
• sprayed and force to drink urine in energy drink bottle;
• Had wire used to handcuffed one of the accused; and
• Not told of their constitutional rights.

But Diko who had been in the witness stand for two days denied and disputed all the allegation.

“They had made confessions willingly and voluntarily. We could not have known as police how the crime unfolded and all the elements of crime, but it was the accused themselves who told us about that,” said Diko.

He said that there were many senior policemen including brigadiers and generals who were involved present in the police station were the accused were interviews and they could not allow accused to be tortured in anyway.

Though Diko claimed that they accused were interviewed by three policemen, Monco who is accused number one said that they were interviewed by 15 policemen, but only said six assaulted him.

“I was beaten, tortured and done all sort of things. I was suffocated as a black tube of a tyre was forced into my head covering the whole face. A pepper spray was discharged on my face. I was punched and kicked and we were made to crawl. Police forced me to make a confession, beating asked “why are you killing us [police] why?” The police took a sadistic please in tormenting us as revenge to the killing of their colleagues, a crime that I was not part of,” said Monco.

He accused Diko of being the ringleader of those who accused him.

“I even though that you were the most senior police officer, you were so ruthless and harsh,” said Monco when cross-examining Diko.

Diko expressed shock the men who the leader of the interviewing team, Captain Bongani Ngxola, had in numerous times informed them of the constitutional rights, could today claim that they were not informed.

“Maybe the prison has changed you, remember that when Captain Ngxola informed you of your constitutional rights, you said you will not make use of the as according to your religion you do not subscribe to them or the constitution,” said Diko.

Lead in his evidence-in-chief by prosecutor Nomapha Mvandaba, Diko said the accused never complained of police torture or forced to make confession in all other courts.

“I could not understanding as why now at his stage you come up with such far fetched allegations. All all the accuse when told of the seriousness of the case and the sentence that goes with it said that they were willing to make confession and clear their conscience on what they done. They said according to their religion those who have committed crime should be punished accordingly and because they have committed as serious crime they will subject themselves to any punishment they so deserve,” said Diko.

Since arrested the accused did not want legal representations saying that was against their religion to be represented by lawyers.

The trial-within-a-trial continues.

lulamilef@dispatch.co.za