Ekurhuleni Metro Police officers who were part of the Senzo Meyiwa murder investigation have denied assaulting the accused, saying they faced no internal or criminal charges.
Some of the accused in the Meyiwa murder investigation have claimed they were assaulted, electrocuted, tortured and tubed by some of the investigators.
The Gauteng High Court in Pretoria is currently in a trial-within-a-trial to determine whether alleged confessions were made by Muzikawukhulelwa Sibiya and Bongani Ntanzi.
Through his defence advocate Thulani Mngomezulu, Ntanzi said he has been assaulted, tortured, tubed, and electrocuted by police officers, including EMPD Special Weapons and Tactics Officer Constable Wendell Jonathan.
The Meyiwa murder investigators had used the EMPD SWAT unit members to escort the investigating officers and the accused between police stations and courts - where they made confessions - in relation to the murder of the soccer star. They were used as a shield against any potential threat.
Under examination by Judge Ratha Mokgoatlheng, Jonathan was asked how the accused could respond if he was assaulted in police custody. He responded that the accused would be able to open a case of assault against any officer with the police watchdog, the Independent Police Investigative Directorate.
“There is no charge against me, and there are no complaints against me at work,” said Jonathan.
Judge Mokgoatlheng explained that after the murder of Steve Biko, police introduced a method whereby police officers who manned the police cells would fill in any and all police complaints, including being assaulted, starved, or any complaints on an Occurrence Book register. All movements of detainees are recorded on OB registers.
Judge Mokgoatlheng said each and every complaint - founded or unfounded - was noted on the OB, inmates or detainees were observed for injuries between shifts, and if there was an injury, the cell officer was obligated to report it.
If there was a sick inmate, they were entitled to medical attention, and the cell officer had to organise an ambulance or take the inmate to hospital.
Jonathan said he was aware of the standing orders.
Judge Mokgoatlheng asked if Jonathan, who has been accused of brutally assaulting Ntanzi, was subject to a probe by the police watchdog, the Independent Police Investigative Directorate (Ipid), and he replied no.
Another EMPD SWAT officer, Constable Yul Craig Liesering, who was with Jonathan on the day Ntanzi was taken to confess at the Boksburg Magistrate's Court before Magistrate Vivienne Cronje testified, said he saw a man in a dark suit outside the office.
He confirmed that he was one of the officers who handed over his appointment certificate when Magistrate Cronje came to take Ntanzi’s confession. She had been stunned that about eight heavily armed officers had brought the accused for the confession.
Judge Mokgoatlheng also quizzed Liesering about standing orders regarding assault of the detained.
“What happens when an inmate is assaulted in a cell?” asked Mokgoatlheng
“The officer must report it to the cell commander or Client Service Centre as soon as they visit the cells,” he said.
He said if an inmate had a toothache or any ailment, they had to be taken to the nearest hospital for medical care.
Liesering said the checks were random but were always done during shift changes.
He said an OB entry about any complaint as directed by a suspect was mandatory, and it had to be entered into the OB and reported to a senior on shift.
Under cross-examination, defence advocate Zandile Mshololo sought to outline the process when the accused arrived at the police cells.
“They are inspected by the person in charge of the cells, and they ask about any injuries. If there is, they ask what happened, and if there is nothing to report, they will make an entry saying suspect booked in by Constable Liesering free from injuries,” said Liesering.
The trial continues on Wednesday.
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