Hawks cops acquitted of killing suspect

Cape Town -

Thirteen Hawks policemen, accused of torturing and killing a suspect in their custody more than four years ago, were acquitted on Wednesday after the judge found there was an “absence of strong and credible evidence”.

The officers faced a string of charges relating to the events which occurred on the night of February 9, 2009. They were accused of kidnapping and assaulting two men in their custody, Siyabulela Njova and Mthuthuzeli Rantaoleng, and murdering another, Sidwell Mkwambi.

The officers pleaded not guilty, contending that Mkwambi died because he jumped from a moving vehicle.

In the Western Cape High Court on Wednesday, Judge Robert Henny said the State had failed to prove their case.

“There was a lack of evidence relating to the murder. Since Njova’s testimony was rejected by the court, I’m left with circumstantial evidence of the expert witnesses. They testified that the deceased could not have jumped because of the absence of abrasions and fractures. The State also didn’t present any evidence on how (Mkwambi) sustained the injuries which resulted in his death,” he said.

While the testimonies by some of the officers were “suspicious”, they couldn’t be disregarded, Henny said.

“The evidence given by some of the accused was not particularly impressive. The accused couldn’t explain why he couldn’t stop (Mkwambi) from jumping out. For the first time in my career, a police officer couldn’t tell me at what speed they were travelling. The versions of the accused can’t be absolved as the State failed its duty to prove their case beyond a reasonable doubt,” he said.

After the “questionable” testimonies by Njova and Rantaoleng relating to their alleged assault and kidnapping, Judge Henny found the officers not guilty.

“There were some unsatisfactory aspects of Ranta-oleng’s evidence. After admitting that he lied to the court, his evidence is rejected and is not supported to secure a conviction. Njova was less of a favourable witness,” he said.

“His evidence was often exaggerated and untruthful. It is difficult for the court to determine what happened as his testimony is rejected as false and unreliable.”

The officers celebrated the verdict by hugging their relatives and colleagues after the hearing.

Outside court Mkwambi’s brother, Sydney Mkwambi, said he was disappointed in the court’s findings as there was no justice for his brother’s death. “I can’t believe it. My family don’t know what to do because we were depending on the court to give justice for my brother’s murder.

“There is nothing we can do now, but if they didn’t hurt him how did he get those injuries?” he said.

The 13 officers acquitted are: Tobezi Jam Jam, Norton Ndabambi, Banele Mgogodlo, Ludwe Mzana, Nkosikhona Mthembu, Zamikaya Mbali, Reginald Mtshali, Wayne Louw, Edmunt Sombo, Siseko Mtotywa, George Ainslie, Mphathi Velani and Riaan Kielblock

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Cape Times

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