COURT SHOCKED AS 25CM KNIFE EXHIBITED IN MASIMULA CASE

MBABANE – The silence in the public gallery was broken when the court was shown a 25-centimetre long blade of a kitchen knife that was found in Themba Masimula’s burnt car.

The knife is alleged to have been found in the motor vehicle in which Masimula, who is a teacher and pastor, was travelling with his wife, Funekile, in 2016. The car landed in a ditch after a purported accident and allegedly caught fire. Funekile was burnt beyond recognition and her legs, according to the police, were burnt to ashes. During the trial yesterday before Judge Ticheme Dlamini, the court was shown the knife that was allegedly found in the car and some of the people who formed the small group in the public gallery exclaimed: ‘Oh my God’ and muttered inaudibly under their breath.

Present

Funekile’s mother was among those present in court, as well as Masimula’s mother. Masimula accused the police of planting the knife in the car to incriminate him. Masimula is represented by Noncedo Ndlangamandla of Mabila Attorneys. The alleged accident is said to have happened at around 4am and police were called at 5:15am but arrived at the scene before 4pm, according to Sergeant Sithembiso Dlamini. Dlamini said some members of the public were already at the scene when police arrived. He had been asked as to who the first person to arrive at the scene was. He told the court that he found fire and emergency services personnel, who took charge and preserved the scene until the arrival of the police. Ndlangamandla told the sergeant that when police arrived, the scene had been contaminated but he pointed out that the fire and emergency services personnel had a responsibility to preserve a scene until police arrived. Ndlangamandla also asked sergeant Dlamini if, upon arrival, the police inspected the scene, especially the burnt motor vehicle. The sergeant told the court that he carried out a tactical inspection. The attorney also wanted to know why the sergeant missed the knife until it was spotted by scenes of crime officers when they arrived at a later stage. Dlamini told the court that he avoided the interior of the car while awaiting the arrival of scenes of crime officers. He said he merely peeked inside the car. Ndlangamandla informed the sergeant that, according to Masimula, there was no knife in the car.

Planted

“The knife was planted by you and the other police officers,” she said. Dlamini maintained that the knife was found in Masimula’s car. The sergeant showed the court the knife in question. When the said accident occurred, according to Ndlangamandla, the couple was coming from an all night prayer and they had not slept. She said they were fatigued. Sergeant Dlamini had submitted that from inspecting the scene, he could tell that it was not an accident as Masimula claimed. Dlamini said despite that the car was found in a ditch, it was not damaged in a manner that would suggest that there had been an accident. He submitted that there were no skid marks on the road to show that the driver tried to gain control of the car to avoid an accident. He said the tyres were burnt and all the windows shattered. “Looking at the position of the car, we could tell that the car had been deliberately driven to that position. It was not an accident, according to our findings,” alleged Dlamini.

He also stated that from inspecting the scene, he observed that from the junction joining the main road to the scene of the alleged accident, about 500 metres away, it was not possible for an accident to occur and the car land in the position as Masimula’s vehicle was found. He said if the car had been moving at high speed, it could have overturned. Ndlangamandla stated that fatigue contributed to accidents and Dlamini agreed with her. The attorney put it to Dlamini that it was not always the case that skid marks would be left on the road surface when an accident occurred, especially one that was caused by a driver falling asleep. The attorney also put it to Dlamini that Masimula alleged that he was sleeping in the car and found it in the ditch when he woke up. According to his attorney, Masimula tried to assist his wife but he got burnt on his face, legs and arms. Dlamini said that was Masimula’s version of what happened.

Escorted

Ndlangamandla further stated that Dlamini was not escorted when he went to the hospital and after being called to the police station. The sergeant said he was called by traffic police officers at Mbabane Police Station informing him that Masimula was at the police station.  He said he requested them to keep him there until he arrived. Dlamini submitted that when he arrived, he noted that Masimula was wearing fresh clothes and had bandages on his arms and head. Meanwhile, the sergeant told the court that while waiting for scenes of crime officers at the scene, they conducted interviews with members of the public who were found there. He said one Muzi Khanyile, whom he interviewed, alleged to have met Masimula along the way before he was taken to hospital.
He alleged that Masimula told him that he left his wife in the burning car and that she was the one who was driving.

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