Matlala trial | Torture claims take centre stage as arrest evidence comes under scrutiny

Allegations that police tortured accused number one, Musa Kekana, during his April 2024 arrest have become the central focus of the trial-within-a-trial in the Johannesburg High Court, with the defence and the State presenting sharply conflicting accounts of what happened.

Thursday’s proceedings, which marked the fourth day of Captain, Phimi Sekgobela’s, cross-examination, are focused on whether evidence obtained during Kekana’s arrest was lawfully secured and can be admitted in the main trial against alleged underworld figure, Vusimuzi “Cat” Matlala, and his four co-accused.

Defence advocate, Riaan Gissing, put it to Sekgobela that Kekana was never informed of his constitutional rights, did not consent to police entering or searching his property and was subjected to severe torture in an attempt to extract information.

According to the defence, officers allegedly forced Kekana to kneel, covered him with a duvet, assaulted him and threatened to kill him unless he revealed the location of firearms.

Gissing further alleged that Kekana was later tied him up, forced onto his stomach and repeatedly suffocated with a courier bag while officers demanded information about firearms, a Hyundai linked to the investigation and his alleged accomplices.

The defence claimed Kekana lost consciousness several times during the alleged assault, coughed up blood and was later forced to change out of his blood-stained shirt before being taken away.

Sekgobela rejected every allegation, maintaining that Kekana voluntarily opened the gate to the property, consented to the search and was never assaulted or forced to make any confession.

He told the court Kekana had already begun coughing before police arrived at the house, prompting officers to request medical assistance.

The court also heard conflicting evidence over whether Kekana received treatment from a private CAB Security paramedic before being transported to hospital.

During cross-examination, Gissing referred to an incident on 8th Road, alleging that a CAB Security paramedic travelling in a Toyota Fortuner treated Kekana after he had been severely assaulted by police.

Sekgobela denied that version, insisting no CAB Security paramedic attended to Kekana while he was in police custody.

He testified that he remained with Kekana throughout and that the only medical assistance provided came after he called an ambulance through the 911 emergency service, which was escorted from the scene by Bramley police officers.

The court also heard further disputes over whether officers unlawfully entered the property and whether police had to fetch keys from another location before conducting the search.

The trial-within-a-trial will continue as the court determines whether the disputed evidence obtained following Kekana’s arrest is admissible in the main case.

Matlala and his four co-accused have pleaded not guilty to 25 charges, including attempted murder, fraud and money laundering.

Written by: Lebohang Ndashe