Durban — A police officer ended up not taking the stand after his statement contradicted the evidence led by his colleague on Wednesday in the Durban High Court.
The defence in the murder trial of taxi boss Dustin Pillay told the court on Tuesday that it would be bringing in two police officers as witnesses. Pillay was an executive member of the Dolphin Coast Taxi Association based in Shakaskraal.
The officers were “expected” to corroborate the evidence of the second accused, Thokozani Mthethwa, and Mfanufikile “Khe” Dlamini – an accused who died while in custody – that they were at Isipingo pound on the day and during the time Pillay was gunned down, in September 2019.
Mthethwa said he was accompanying Dlamini to enquire about his vehicle at the pound. However, things took a sharp turn when their evidence was contradictory and advocate GJ Leppan decided to close his case and not call the second officer to the stand.
The first officer, who is a sergeant, was called to the stand. He told the court that Dlamini came to the pound but he could not recall on which day. He said he shared an office with his colleague and that is how he met him.
“He came to see my colleague, who had to leave the office. He received a call and told me to pass a message on to my colleague that he too had to leave because his family member had been shot.”
He added that he passed the message on and also left the office. He said in the parking lot he saw a white car that Dlamini went to but he could not see who was driving it.
State senior prosecutor advocate Elvis Gcweka read the first statement of the sergeant’s colleague made on March 17, 2020, where he said he did not recall seeing Dlamini at the pound and that there was no record in his books that Dlamini had come to the pound.
“There is a second statement done by your colleague on April 15, 2020. In this statement he says he was reminded by you that Dlamini came and this is what happened on this day. Do you want to comment? You did not mention any day?” asked Gcweka.
The sergeant confirmed that he reminded his colleague about Dlamini coming to the pound but he did not mention on which day as he did not recall. Moreover, he said he reminded him after he had told him about the matter and that’s when he made a second statement.
Judge ME Nkosi asked the sergeant if he could describe Dlamini and he said no.
“Was he tall, short, dark or lighter in complexion?” asked Judge Nkosi.
The sergeant said: “I’m not too sure but maybe he is my height and my complexion.”
Mthethwa is co-accused with Cebo Xulu and they are both facing 18 charges, which include the murder of Pillay. The State and defence will address the court on Thursday.
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