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Sandile Mantsoe’s apparent admission of guilt to a law enforcement officer on the day of his arrest has been admitted as evidence in Karabo Mokoena’s murder trial.
The admission of guilt had been a bone of contention between the defence and the state.
South Gauteng High Court Judge AJ Johnson reached this judgment after the matter was put through a trial within a trial following the defence and the state advocates’ dispute on whether the alleged admission would hold up in a court of law.
Captain Bhekisisa Mhlongo’s testimony on Wednesday stated that the accused had confessed to killing Karabo Mokoena on May 10 2017, the day Mantsoe was arrested.
Mhlongo explained that following his viewing of the CCTV footage from the estate where the deceased met her fate, which shows the accused loading a dustbin into the lift before disappearing into his apartment only to emerge later with the dustbin – which now appeared to be full because he was struggling with it – he decided to take the accused in for questioning.
During cross-examination by the defence advocate Victor Simelane and Johnson, Mhlongo explained that he had informed Mantsoe of all his rights before the conversation he had with him at the police station.
“Mantsoe admitted to killing Karabo Mokoena, I then went to get the papers we use to write confessions and when I got back, Mantsoe had changed his mind and did not want the admission in writing,’ said Mhlongo
Mantsoe who sported a beige blazer, brown scarf, blue jeans and a fresh haircut took to the stand after Mhlongo and rubbished the captain’s claims.
“That is not how I remember the conversation between us transpiring. As far as I remember, my conversation with Mhlongo started in the police car on our way to the Sandton police station. He was nice to me and said to me that I looked like a nice young man who had worked hard to attain the assets I had.”
According to Mantsoe, Mhlongo proceeded to solicit a bribe from him saying: “Give me something small and I will make this all go away.”
State advocate Mike Hlatshwayo objected to this, arguing: “How would Mhlongo, who did not know you at this time, pass such compliments.”
An arrogant Mantsoe answered: “Maybe his compliments were made because of the conversation we had [during] the car ride ... also the place where I stay in, not any mere person stays there, maybe that’s why he said what he said.”
Hlatshwayo pressed: “What kind of place do you stay in.”
“It’s in a posh neighbourhood where only an exclusive set of people live. Also, there was a lot of money lying around when the police searched my apartment,” responded Mantsoe, to loud gasps of disbelief from those present.
“What does Mhlongo have to gain in lying about the fact that you confessed to killing Karabo. If his intention was to implicate you, would he then not have just written a confession and left out the fact that you had changed your mind,” asked Hlatshwayo.
Mantsoe remained silent until the interpreter pushed for a response. “He is informing me, not asking me,” eventually came the response.
Hlatshwayo said to the court that besides the defence objections, the admission ought to be submitted as evidence since the law did allow for any justice of peace (law enforcement officer) to receive a confession verbally without it being reduced to writing.
Defence advocate Simelane made a strong argument that since Mhlongo – in his own words – sought to have the confession in writing, this provision in the law should not suffice in this case.
Judge Johnson made his judgment, stating that law and legal questions that arose during the trial-within-a-trial were whether the accused had been read his rights before making the admission and if the admission should be admitted as evidence.
“The court has reached its judgment and the admission will be admitted into evidence,” said Johnson.
Following an adjournment for lunch the trial proceeded with Mhlongo on the stand and Simelane cross-examining him on whether he had solicited a bribe from his client – an accusation which Mhlongo denied vehemently.
The state then called on its sixth witness, Constable Hellen Mahweke, who explained in detail to the court the state in which she had found the body of the deceased on April 29 2017.
“The body was badly burnt, to the point that I could not tell whether it was male or female. I concluded from the nail polish still visible that it was female,” said Mahweke.
She explained that at the time she was unaware of the identity of the remains until May 10, when she received a call from a constable who asked her to come to Sandton police station. She met with the female officer and Mokoena’s mother, and it was then that the identity of the deceased was disclosed to her.
The state's lead advocate Pakanyiswa Marasela requested that the case be adjourned to tomorrow and Johnson agreed, before explaining to Mantsoe that he was to remain in custody until tomorrow’s proceedings.
