Despite efforts by the State prosecutor in the Senzo Meyiwa murder trial to point out discrepancies in the versions told by Muzikawukhulelwa Sibiya and his own legal counsel, he has maintained he was speaking only for himself.
As the cross-examination of Sibiya resumed in the Gauteng High Court, Pretoria, yesterday, he kept to his version of events that he was indeed assaulted, tortured and forced by the investigating team into making a confession and a pointing-out statement.
According to the State, Sibiya made a confession as well as a pointing out statement in May 2020 after his arrest.
However, Sibiya testified in his evidence in chief that contrary to retired police officer Colonel Mhlanganelwa Mbotho and lead investigator Brigadier Bongani Gininda’s comments that he had made his confession freely and voluntarily, that was far from what had happened.
During his appearance on Monday, he told the court he was kicked repeatedly, and even “tubed” by the police into making the confessions, although he insisted he had no knowledge of who had been involved in the October 2014 murder of Meyiwa.
Sibiya told the court Mbotho didn’t take any statement from him, but that he had asked him some questions and then made him sign some documents without his even reading them.
Prosecutor Ronnie Sibande asked Sibiya if he at any point saw Mbotho writing and what the questions were, to which he stressed that even though he did not recall the questions, he was certain they were not similar to the ones in the documents now before him.
“I put it to you that this was the document that was filled by colonel Mbotho when he was asking you questions on that day,” said Sibanda.
To which Sibiya responded: “No my lord, it’s not the questions he asked me, if it was the questions asked on that day I would have remembered some of them.”
Throughout his time on the witness stand, Sibiya has insisted that he only made the confessions and even participated in the pointing-out statement as he feared for his life.
He told the court that during the pointing-out statement, he was simply doing what the police had told him to do and there was someone taking pictures of him during this time.
Even when questioned about the “misaligned versions” between himself and his own legal counsel, Sibiya said he was not refuting anything his lawyer said, but that he would only deal with his version.
The trial within a trial will continue with the cross-examination of Sibiya on Wednesday.
The Star