Confessions by suspects in Ngcobo police murders admissible, judge rules

The five men accused of killing five police officers in 2018 in the Mthatha High Court.
The five men accused of killing five police officers in 2018 in the Mthatha High Court.
Image: ZIYANDA ZWENI

Signed confessions obtained from five Mancoba Seven Angels Ministry church members after the fatal shooting of five Ngcobo police officers in 2018 will be admissible as evidence during their trial, the Mthatha high court ruled.

In February 2018, the country awoke to the news of the tragic slaying of the five officers.

DispatchLIVE reported last week that the five accused alleged they had been assaulted or coached into making confessions and pointing out crime scenes.

The judge’s decision, handed down on Thursday, was made after a trial-within-a-trial.

Andani Monco, 34, Kwanele Ndlwana,26, Siphosomzi Tshefu, 28, Siphesihle Tatsi, 24, and Phumzile Mhlatywa, 50, face 22 charges, including five counts of murder, attempted murder, robbery with aggravating circumstances and unlawful possession of firearms and ammunition.

They were arrested two days after the five officers were gunned down in cold blood.

The slain officers were constables Sibongiseni Sandlana, 32, of Qunu, Kuhle Mathetha, 27, from Cofimvaba, Zuko Ntsheku, 38, of Luhewini in Ngcobo, Nkosiphendule Pongco, 32, from Ngqeleni and Warrant Officer Zuko Mbini,44, of Zimbane Valley.

However, the accused, who waived their right to be represented by a lawyer, have maintained that they were beaten by police when they were questioned, and wanted the court to disregard their statements.

On Thursday, judge Robert Griffiths ruled that all the confessions and pointing out of crime scenes were admissible.

He said he would not provide the full reasons for his decision due to the sensitivity of the case and because they could have a bearing on the trial.

“But I have considered all evidence from the state and from the witnesses before reaching my decision.”

Griffiths said his ruling could be reconsidered and revised by the trial court later.

In court last week, Tatsi, the youngest of the five accused, said he had not made his confession freely and alleged he had been assaulted.

“I was afraid of the many police officers that were at the garage.

“They assaulted me and suffocated me. My arrest was unlawful.

“The people who arrested me did not introduce themselves, did not say what charges I was being arrested for and did not even read me my rights.”

Mhlatywa meanwhile claimed the involvement of the police minister after the fatal shooting of the five officers had placed the police tasked with investigating the case under immense pressure, to secure confessions and admissions of guilt.

Mhlatywa said the suspects were also deliberately starved by their captors to weaken them physically and mentally.

He said the confessions should have been made before a magistrate rather than to the police, who were angered by the deaths of their colleagues.

On Thursday, Griffiths postponed the case to October 4 at the request of state prosecutor Nomapha Mvandaba.

DispatchLIVE


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