Defence argues State witness fabricated evidence in Phoenix unrest trial
Image: File
The defence in a trial of four men accused of inciting violence in Phoenix during the July 2021 civil unrest has told a State witness that the evidence he has given to the Durban High Court and the police is false.
This was put to Anard Chetty, a State witness, on Friday morning at the Durban High Court.
Chetty had told the court earlier this week that on the night of July 11, 2021, he saw and heard the owner of Tees tavern, Trevor Gopal, inciting violence on black Africans, by saying 'We must put the heat on 'darkie ous' must be put before they put it on them.'
Gopal is the second accused in this matter, charged with incitement to commit public violence.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Ad Loading
On other charges, murder, two counts of attempted murder, malicious damage to property, and public violence, he is charged with Ravine Naidoo, Tyreece Govender, and Timothy Govender.
During the cross-examination by Gopal's counsel, Advocate Jimmy Howse SC, he referred Chetty to his three witness statements that he had made to the police.
In the three statements, he asked Chetty why he never mentioned that Gopal had first uttered that the heat on 'darkie ous' must be put before they put it on them on July 11.
He said even the charge of inciting violence is dated July 12.
'I have made it clear to the police and prosecution that these words were uttered on 11 July and on 12 July,' Chetty said.
When Howse first asked him about this, based on the first statement he made on August 22, 2021, he said he did not go into detail when he made it.
'I outlined the gist of what happened. Because I felt that if I were to spill the beans, I was going to need protection. I wanted the police to know the basis of what happened,' Chetty said.
He also said that after he made his statements, he did not read them word for word but browsed. When Howse asked him why he did not correct his statement regarding the dates, he said he made it clear to the police and the prosecution that the words were uttered on July 11 and 12.
'The strangest thing is that in all the witness statements, you mention July 12, and in your evidence-in-chief, you mention July 11 and do not mention July 12. Why is that?' Howse asked.
Chetty said Gopal uttered the words on July 11, and on July 12, he repeated them before the victims, Njabulo Allen Dlamini, Nkosikhona Madlala, and Sandile Colin Sambo were assaulted and their taxi was burnt.
'If I never said it accordingly, I made a mistake; it's human error,' he said.
However, Howse pointed out the inconsistencies and said Chetty's evidence was false.
'That is the defence point of view. You can say what you like, Sir. I was present, I never heard from anybody,' Chetty said.
This week, the court learned that the three victims had come with two other people, a female and a male, and they all arrived in a taxi at Tees Tavern.
According to Chetty, the victims had come to buy alcohol as Gopal sold it illegally, as there were Covid-19 lockdown restrictions.
Chetty told the court that Dlamini was hit in the head by Tyreece with a big rock, and Timothy beat him with a hammer on the head.
The State alleges that Dlamini later died in hospital as a result of blunt force head injuries. Sambo and Madlala survived.
The trial continues.
nomonde.zondi@inl.co.za
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
9 hours ago
- The Star
‘Millions of Assumptions': Wins SARS Fraud Case, Casts Doubt on Blue Lights Trial
Sifiso Mahlangu | Published 3 hours ago The State's long-standing corruption case against businessman Vimpie Phineas Manthata suffered a major blow this week when the Palm Ridge Magistrate's Court acquitted him and his co-accused in a R19 million tax fraud case that had formed a central pillar of the broader 'blue lights' procurement scandal. The verdict, delivered by Magistrate Phindi Keswa, saw Manthata, his company Instrumentation for Traffic Law Enforcement (ITLE), and bookkeeper Judy Rose cleared of all charges related to alleged violations of the Tax Administration Act during the 2018 and 2019 tax years. Legal experts say the State's inability to prove its SARS case beyond a reasonable doubt will now put additional pressure on the corruption trial, which has already faced years of delays, procedural blunders, and accusations of political motivation. 'The prosecution could not distinguish between clerical mistakes and criminal conduct,' Magistrate Keswa ruled. 'Assumptions and administrative discrepancies cannot be used to build a case without clear evidence of intent.' The SARS prosecution had alleged that Manthata's company manipulated its tax returns to avoid paying nearly R19 million in VAT and other obligations. But defence attorney Pierre du Toit successfully argued that there was no evidence of fraud, deception, or intent to mislead SARS. 'This case is not about millions of rands, it is about millions of assumptions,' Du Toit told the court during closing arguments. 'The burden is on the State to prove guilt, and it has failed to do so in spectacular fashion.' He cited landmark cases including *State versus Prinsloo* and *State versus Futche*, which require a demonstration of clear intent to commit fraud — a standard the court agreed had not been met. SARS officials admitted under cross-examination that they had no direct proof of falsified entries, and Rose testified that all bookkeeping was done using standard software and practices. The collapse of the tax case undermines the State's broader narrative in the so-called blue lights corruption case, in which Manthata, former acting national police commissioner Kgomotso Phahlane, and ten others face charges linked to the irregular procurement of emergency police equipment worth R191 million. The State had portrayed ITLE as a central vehicle for corrupt payments, with the SARS case meant to illustrate how the company allegedly misrepresented its financial affairs. Now, with the tax fraud allegations discredited, the entire corruption case may be on shaky ground. Last week, the same court postponed the blue lights trial yet again — this time to October 2025 — after severe criticism of the State's inability to produce a coherent charge sheet more than seven years after the case was first opened. Magistrate Ashika Ramalal lambasted the prosecution's handling of the case, saying the delays and repeated administrative errors were unacceptable. Still, she ruled that the trial would go ahead next year, warning that no further postponements would be tolerated. Defence attorneys argued that their clients had suffered severe prejudice and that the continued delays were violating their right to a fair and timely trial. Accused number 9 was even left without legal representation at one point, prompting the State to suggest separating the charges — a proposal strongly opposed by the defence. The situation has been further complicated by the State's repeated failure to serve Phahlane properly and controversy over the dropping and reinstatement of charges against Manthata, a move legal observers say sets a dangerous precedent. But with one major case already dismissed and serious doubts now hanging over the remaining charges, many are questioning whether the blue lights corruption trial will ever result in a conviction, or if it is yet another politically entangled case destined to collapse under the weight of its mismanagement.
IOL News
12 hours ago
- IOL News
‘Millions of Assumptions': Wins SARS Fraud Case, Casts Doubt on Blue Lights Trial
Defence attorney Pierre du Toit successfully argued that there was no evidence of fraud, deception, or intent to mislead SARS Image: Supplied The State's long-standing corruption case against businessman Vimpie Phineas Manthata suffered a major blow this week when the Palm Ridge Magistrate's Court acquitted him and his co-accused in a R19 million tax fraud case that had formed a central pillar of the broader 'blue lights' procurement scandal. The verdict, delivered by Magistrate Phindi Keswa, saw Manthata, his company Instrumentation for Traffic Law Enforcement (ITLE), and bookkeeper Judy Rose cleared of all charges related to alleged violations of the Tax Administration Act during the 2018 and 2019 tax years. Legal experts say the State's inability to prove its SARS case beyond a reasonable doubt will now put additional pressure on the corruption trial, which has already faced years of delays, procedural blunders, and accusations of political motivation. 'The prosecution could not distinguish between clerical mistakes and criminal conduct,' Magistrate Keswa ruled. 'Assumptions and administrative discrepancies cannot be used to build a case without clear evidence of intent.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ SARS Case Unravels The SARS prosecution had alleged that Manthata's company manipulated its tax returns to avoid paying nearly R19 million in VAT and other obligations. But defence attorney Pierre du Toit successfully argued that there was no evidence of fraud, deception, or intent to mislead SARS.'This case is not about millions of rands, it is about millions of assumptions,' Du Toit told the court during closing arguments. 'The burden is on the State to prove guilt, and it has failed to do so in spectacular fashion.' He cited landmark cases including *State versus Prinsloo* and *State versus Futche*, which require a demonstration of clear intent to commit fraud — a standard the court agreed had not been officials admitted under cross-examination that they had no direct proof of falsified entries, and Rose testified that all bookkeeping was done using standard software and practices. Implications for the Blue Lights Trial The collapse of the tax case undermines the State's broader narrative in the so-called blue lights corruption case, in which Manthata, former acting national police commissioner Kgomotso Phahlane, and ten others face charges linked to the irregular procurement of emergency police equipment worth R191 million. The State had portrayed ITLE as a central vehicle for corrupt payments, with the SARS case meant to illustrate how the company allegedly misrepresented its financial affairs. Now, with the tax fraud allegations discredited, the entire corruption case may be on shaky ground. Last week, the same court postponed the blue lights trial yet again — this time to October 2025 — after severe criticism of the State's inability to produce a coherent charge sheet more than seven years after the case was first opened. Growing Criticism of the Prosecution Magistrate Ashika Ramalal lambasted the prosecution's handling of the case, saying the delays and repeated administrative errors were unacceptable. Still, she ruled that the trial would go ahead next year, warning that no further postponements would be tolerated. Defence attorneys argued that their clients had suffered severe prejudice and that the continued delays were violating their right to a fair and timely trial. Accused number 9 was even left without legal representation at one point, prompting the State to suggest separating the charges — a proposal strongly opposed by the defence. The situation has been further complicated by the State's repeated failure to serve Phahlane properly and controversy over the dropping and reinstatement of charges against Manthata, a move legal observers say sets a dangerous precedent. But with one major case already dismissed and serious doubts now hanging over the remaining charges, many are questioning whether the blue lights corruption trial will ever result in a conviction, or if it is yet another politically entangled case destined to collapse under the weight of its mismanagement.
IOL News
2 days ago
- IOL News
Outrage erupts over U. S. deportation of violent criminals to eSwatini
The government has denied the involvement of King Mswati in the deportation of hardened criminals from the U.S. to South Africa's neighbour. Image: Supplied/Eswatini Government U.S. President Donald Trump's administration's decision to send five dangerous hardened criminals to eSwatini (formerly Swaziland) has sparked outrage in the neighbouring country and fears that they may end up in South Africa. The Trump administration announced over a week ago that it would be sending the men who are illegal immigrants from Vietnam, Jamaica, Laos, Yemen and Cuba convicted of child rape, murder, burglary, and being gang members and whose countries refuse to take them back. This week, the eSwatini Women's Movement has raised concerns about whether the five individuals informed of their removal and given access to consular support from their home countries as this is a fundamental right of anyone detained or deported across international borders. It demanded to know who within the eSwatini government authorised the acceptance of these individuals and the legal basis and if they were detained in line with a valid detention warrant or a certificate of detention as prescribed by the Immigration Act. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ "If there is no such legal basis, under what authority are they currently being held? Any alternative basis for detention may contravene the Correctional Services Act No. 13 of 2017 and risks undermining the rule of law in eSwatini," the movement said. In addition, it wants to know how much has been paid to the government of eSwatini to support the stay of the five deported individuals and the plan after the conclusion of their sentences. The Swaziland Solidarity Network (SSN), which mobilises exiled emaSwati, has urged the country's citizens at home and in the diaspora to fight what it described as a shameful arrangement. The SSN said emaSwati must organise, mobilise and protest against the decision and make it clear to their government that their country is not for sale nor is it an American prison. According to the network, the U.S. homeland security department has stated that the convicted criminals must be removed so that they can never hurt another American victim, which by implication means they must now hurt emaSwati. "This is a deliberate act of collusion by two corrupt governments to dump America's most violent criminals in one of the world's poorest nations. And the (King) Mswati-led Tinkhundla (eSwatini local government administrative division) regime quietly agreed without consulting the nation or informing its own rubberstamp Parliament," the SSN said. It called on emaSwati to demand answers on whether this is a paid-for deal or a political favour, the terms and conditions. "This is an act of betrayal and is proof once again that the Tinkhundla regime does not prioritise the safety and wellbeing of the Swazi people. It has not only auctioned off national sovereignty but it has turned Swaziland into a dumping ground for foreign governments looking to offload hardened criminals," the network complained. Other organisations – the Swaziland Litigation Centre, the Swaziland Rural Women's Assembly and the Southern Africa Litigation Centre – said in a 2024 report on human rights practices in eSwatini, the U.S. noted that prisons were overcrowded, constituting inhumane treatment and that there were reports of torture. They are demanding that the eSwatini government commit to not accepting inmates from third countries. "The eSwatini Commission on Human Rights and Public Administration and international bodies, as official visitors under section 122 of the Correctional Services Act, visit the individuals to establish the facts surrounding their detention and their detention conditions. "The international bodies should include the African Commission on Human and Peoples' Rights, which is currently conducting an official visit in eSwatini, and the International Committee of the Red Cross in Pretoria," the organisations demanded. Additionally, they want the government to clarify the legal and factual basis on which the five individuals were accepted into eSwatini and for their countries' consulates urgently arrange for consular services to ensure that they obtain legal representation. The eSwatini government has denied King Mswati's involvement in the prisoners' deportation while the Department of Home Affairs in South Africa did not respond to questions on Saturday.
