Matlala Trial | Expert challenges State’s medical account of Kekana’s arrest

The State’s medical account of Musa Kekana’s condition following his arrest has come under sustained scrutiny, with forensic pathologist Professor, Gert Saayman, telling the Johannesburg High Court on Thursday that the clinical evidence is consistent with a near-fatal suffocation.

Saayman’s evidence forms part of a trial-within-a-trial in which the court is determining whether evidence obtained during Kekana’s April 2024 arrest can be admitted in the main attempted-murder trial involving alleged underworld figure, Vusimuzi “Cat” Matlala and his co-accused.

The defence alleges Kekana was assaulted and suffocated by police during his arrest. The State disputes this account and has relied, among other things, on medical records suggesting that Kekana’s condition was linked to substance use.

The defence alleges that Kekana was assaulted and suffocated by police during his arrest. The State disputes this account and has relied, among other things, on medical records suggesting that Kekana’s condition was linked to substance use.

Saayman has challenged that interpretation, pointing to what he described as significant omissions and inconsistencies in the initial medical records.

He told the court that Kekana presented with haemoptysis – coughing up frank blood – around the time of his arrest, while medical records also documented an allegation that he had been suffocated with a plastic bag and struck in the chest.

Saayman questioned why these allegations were not more thoroughly investigated during the initial clinical assessment, particularly given the reported coughing of blood.

He also challenged the suggestion that Kekana’s symptoms were adequately explained by excessive alcohol and cocaine consumption.

According to Saayman, there was no objective evidence of a pre-existing respiratory illness, pointing to the absence of fever and other signs that would ordinarily support an infectious lung condition.

The forensic pathologist further raised concerns about the quality of the medical documentation, including the absence of senior consultant reviews and contradictions between the notes of attending doctors.

His evidence directly challenges testimony previously given by, Dr Pooja Panicker, who treated Kekana after his arrest.

Panicker’s records described a two-week history of a productive cough and recorded the word “suffocated” in quotation marks. Saayman questioned why the allegation was not interrogated in greater detail, particularly given the subsequent references to a plastic bag allegedly being placed over Kekana’s head.

The medical evidence is being considered alongside Kekana’s own account of his arrest.

During his second day of cross-examination by State Prosecutor, Elize Le Roux, Kekana was challenged over the absence of references to bruising on his wrists and ankles in his medical records.

Kekana said the alleged injuries to his hands were not his immediate concern when he arrived at hospital because he was focused on coughing up blood, which he attributes to being suffocated by police.

The State also used Kekana’s bail affidavit and previous court transcripts to challenge his account of the arrest, highlighting what Le Roux argued were inconsistencies between his written statements and oral testimony.

Kekana attributed some discrepancies in his bail affidavit to his former lawyer, while maintaining that he was assaulted and suffocated in police custody.

The State further challenged his evidence relating to the search of his vehicle and allegations concerning a gate motor bracket at the crime scene.

Kekana has since completed his cross-examination.

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

Kekana is one of five accused facing 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.

Written by: Lebohang Ndashe