Cape Town - As arguments continued in the High Court, sitting in the Goodwood Prison Circuit Court, yesterday involving alleged murder kingpin Yanga “Bara” Nyalara, the defence questioned the State’s “abrupt request” for the witness’s anonymity.
Nyalara and his co-accused Wanda Tofile face 12 counts of murder, six attempted murder charges, and charges the illegal possession of a firearm and ammunition.
They were arrested in 2022, more than a year after the massacre took place in Site B, Khayelitsha.
When their trial started on Monday, the State made an application for the only remaining witness to testify in a mask in a separate room via CCTV, and for his name to be withheld.
The overseeing officer, Lieutenant-Colonel Victor Gal ant, had testified that the witness, known as Mr Z, was the only surviving witness after others were killed.
The defence argued that they were entitled to see the witness and if the ruling were in the favour of the State, it would infringe their right to a fair trial.
In the document handed to the court by the defence, they said: “The court preparation officer interviewed Mr Z, assessed him and prepared a report with her recommendations. She recommends that Mr Z testify in a CCTV room to avoid re-traumatisation of him.
“It stands out that on the same day, Mr Z interviewed with the court preparation officer, he failed to mention that he wanted to testify with a mask.
“The only evidence before this court indicating that Mr Z should be allowed to testify wearing a mask comes from Lieutenant-Colonel Galant.
“Galant is not an expert. As correctly conceded, he cannot assess and make a recommendation based on his assessment and observation of the witness.”
The defence lawyer said by asking the court to conceal Mr Z’s identity from the accused and the court, the State, by implication, admitted that they do not know his identity.
Judgment is expected to be handed down on Monday and the witness in question is expected to take the stand next week.
Cape Argus