The defence questioned the State’s ‘abrupt request’ for the witness’ anonymity as the case against alleged murder kingpin Yanga ‘Bara’ Nyalara continued.
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Nyalara and his co-accused, Wanda Tofile, are charged with twelve counts of murder, six counts of attempted murder and illegal possession of a firearm and ammunition.
They were arrested in 2022, more than a year after the massacre at Site B in Khayelitsha.
When their trial began on Monday, the State requested that the only remaining witness testify in a mask in a separate room via CCTV, with his name withheld.
Lieutenant-Colonel Victor Galant, the overseeing officer, testified that the witness, known as Mr Z, was the only one who survived after the other witnesses were killed.
The defence argued that they were entitled to see the witness and that a ruling in favour of the State would violate their right to a fair trial.
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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 claimed that by requesting that the court conceal Mr Z’s identity from the accused and the court, the State implicitly admitted that they did not know his identity.
The judge is expected to rule on Monday, and the witness is scheduled to testify next week.
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Also read:
Court debates use of mask for safety of surviving trial witness
Picture: Supplied / SAPS