Matlala Trial | State evidence under scrutiny as defence challenges Kekana’s detention and witness handling

The State’s case in the trial-within-a-trial involving accused number one, Musa Kekana, has come under intense scrutiny, with the defence challenging police evidence around his removal from hospital, his arrest and the State’s handling of key witnesses.

In the Johannesburg High Court on Monday, senior police officer Colonel, Owen King, contradicted evidence previously given by a colleague over Kekana’s removal from Edenvale Hospital.

King, a former Bramley Police Station commander, told the court he instructed police to return Kekana to Bramley Police Station after being informed that he had been discharged from hospital.

But Kekana’s lawyer, Riaan Gissing, challenged this version, pointing to the absence of a doctor’s discharge document.

Instead, the defence produced a document indicating that Kekana was being considered for transfer to South Rand Hospital.

King conceded that he could not dispute the contents of the document because he was not a medical practitioner.

The defence also questioned King’s claim that he had interacted with police officer, Sergeant Malekhuthu Raseala, at the hospital. Raseala previously testified that he never saw or spoke to King that day.

King rejected that version.

The defence has argued that there is no objective evidence showing that King ordered Kekana’s removal from Edenvale Hospital.

The dispute is central to the trial-within-a-trial, which is examining the circumstances surrounding Kekana’s detention and movement between medical and police facilities.

The court also heard evidence from a witness whose identity has been withheld from the public.

The witness told the court he was at his in-laws’ home in 8th Road on the morning of 17 April 2024 when police arrived while Kekana was there to discuss a Mercedes-Benz rim.

He says police fired several shots before ordering the men to lie on the grass and handcuffing them.

The witness testified that he was never informed that he was under arrest or advised of his rights.

He says he was detained for more than four hours, had his eyes covered and was forced to surrender his phone and its passcode.

The witness says he was eventually released between eight and nine that evening without being charged.

He further testified that police retained his phone for more than a year.

The court heard that he knew Kekana through his motor-vehicle restoration business and had previously worked on vehicles belonging to Kekana’s family.

Police have maintained that Kekana’s constitutional rights were read to him during his arrest and that permission was obtained to search his property.

Meanwhile, the State’s handling of another potential witness has also come under scrutiny.

Sergeant, Nkosingiphile Mathenjwa, was cross-examined over attempts to locate Sergeant, Musa Keneng, a former SAPS member who was apparently part of the investigation team’s pool of potential witnesses.

Mathenjwa conceded that he does not know where Keneng currently lives or works and has never personally spoken to him.

He said investigators had made repeated attempts to contact Keneng and had escalated the matter to their commander.

But Gissing questioned how police could conclude that Keneng was deliberately avoiding them when Mathenjwa had no first-hand knowledge of his whereabouts.

The testimony has raised questions about the State’s efforts to secure Keneng’s attendance and the reliability of evidence being relied upon in the trial-within-a-trial.

In another development, prosecutor Elize le Roux, is seeking to have an affidavit submitted by Kekana during a previous bail application admitted as evidence.

The State argues that statements made by Kekana during his bail proceedings at the Vereeniging Magistrates’ Court contain contradictions.

Kekana had submitted the affidavit following his arrest alongside Michael Pule Tau and Sandton businessman Katiso Molefe in connection with the murder of engineer Armand Swart.

He is, however, facing a separate trial over the alleged attempted murders of three people in shooting incidents between 2022 and 2024.

The charges relate to alleged hit plots targeting socialite, Tebogo Thobejane, businessman, Joe Sibanyoni and music producer, Seunkie ‘DJ Vettys’ Mokubung.

Le Roux told the court that Kekana was made aware that the affidavit could be used for trial purposes.

Kekana, alleged underworld figure, Vusimuzi “Cat” Matlala and three other accused face charges including attempted murder, fraud and money laundering. They have pleaded not guilty.

The trial-within-a-trial continues on Tuesday.

Written by: Lebohang Ndashe