Matlala Trial | Fortuner tracking data under fire as defence challenges State’s case

The State has provisionally closed its case in the trial-within-a-trial involving alleged underworld figure, Vusimuzi “Cat” Matlala and his four co-accused, but a dispute over whether prosecutors can reopen their case is already emerging.

The State has reserved the right to apply to reopen its case after expert witnesses give evidence.

At the centre of the proceedings is the lawfulness of Musa Kekana’s arrest in April 2024, with the defence arguing that evidence obtained following his arrest should be excluded from the main trial.

The defence on Monday called its first witness, Automated Vehicle Location consultant, Eric Deysel, whose evidence has placed the movements of an unmarked Toyota Fortuner under scrutiny.

Deysel presented SAPS vehicle-tracking data showing the Fortuner making several trips between 5th and 8th Road in Bramley during the police operation that led to Kekana’s arrest.

The defence alleges Kekana was placed in the boot of the Fortuner and transported from 8th Road to his home on 5th Road, where he claims he was assaulted and tortured.

The vehicle’s presence and movements have previously been disputed by Captain, Phimi Sekgobela, who led the operation.

But the State has also challenged the reliability of the AVL evidence.

During cross-examination by prosecutor, Elize Le Roux, Deysel conceded that the system can be affected by factors including GPS jamming, buildings, bridges and power interruptions.

He also acknowledged that one police vehicle in the records had produced an unusual fault, with its status and speed readings incorrectly recorded.

Despite these limitations, Deysel maintained that the GPS location data remained accurate, evidence the defence is relying on to place the Fortuner at the centre of Kekana’s arrest.

The provisional closure of the State’s case has also sparked a separate legal dispute.

The defence has questioned whether prosecutors can provisionally close their case while reserving the right to reopen it after expert evidence.

The court has ruled that should the State seek to reopen its case, it will have to bring a substantive application, which the defence says it will oppose.

Matlala, his wife Tsakane and three co-accused are on trial for the attempted murder of three people.

They face 25 charges, including attempted murder, fraud and money laundering, and have pleaded not guilty.

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

The trial-within-a-trial will determine whether evidence obtained following Kekana’s arrest can be admitted into the main proceedings.

Written by: Lebohang Ndashe