Matlala trial | Defence challenges legality of police operation

The defence’s bid to have key evidence excluded in the trial-within-a-trial involving alleged underworld figure, Vusimuzi “Cat” Matlala and his co-accused, has been delayed again after a dispute over police crime-scene procedures led the Johannesburg High Court to adjourn proceedings until Monday.

The trial-within-a-trial is determining whether evidence obtained during the April 2024 arrest of accused number one, Musa Kekana, was lawfully obtained and should be admitted in the main trial.

Earlier on Friday, Tactical Response Team Captain, Phimi Sekgobela, faces sustained cross-examination as Advocate Annelene van den Heever challenged several aspects of the police operation that led to Kekana’s arrest.

The defence questioned whether police had lawful grounds to arrest Kekana without a warrant, temporarily detain and search another man identified as Matlou before releasing him, and search a Bramley property without first obtaining a warrant.

Sekgobela maintained that Matlou was handcuffed for officer safety while police established whether he was linked to the investigation. He also defended the operation, saying officers acted on intelligence linking a Hyundai i20 to the murder investigation.

Van den Heever further challenged the legality of the search at the Bramley property, questioning whether consent had been properly obtained and whether officers complied with required search procedures before forensic investigators arrived.

The proceedings later shifted to the handling of the Bramley crime scene following the murder of Vereeniging engineer, Armand Swart, with the defence arguing that police failed to comply with a standing police order governing crime-scene management.

Judge Cassim Moosa questioned the defence about the standing police order, prompting van den Heever to ask for the matter to stand down.

Captain Sekgobela told the court he was unfamiliar with the directive relied upon by the defence. Judge Cassim Moosa requested that the document be produced and explained before questioning could continue.

However, Van den Heever informed the court that she did not have the standing order available and asked that it be submitted when proceedings resume.

Judge Moosa subsequently adjourned the matter until Monday.

Matlala, his wife and three co-accused face 25 charges, including attempted murder, fraud and money laundering, linked to three alleged hit plots between 2022 and 2024, targeting actress Tebogo Thobejane, taxi boss Joe “Ferrari” Sibanyoni, and music producer Seunkie “DJ Vettys” Mokubung.

Written by: Lebohang Ndashe