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THABANI INQUEST: ALL EYES NOW ON CORONER

04/04/2022 08:25:00 Sibusiso Zwane

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MANZINI - The public’s focus has shifted from witnesses to the Coroner, Senior Magistrate Nonhlanhla Dlamini, as they are expecting a report about the findings of the inquest into the death of Thabani Nkomonye.

It is no doubt that while the coroner is analysing the submissions, some emaSwati, including the family of the late Thabani Nkomonye, are discussing some of the crucial evidence, which was submitted by witnesses during the inquest. Nkomonye is the 25 year old man who went missing on the night of Saturday May 8, 2021 after his vehicle was allegedly involved in a road traffic accident at Nhlambeni, along the Mhlaleni/Nhlangano Public Road. His body was not located, despite several searches by police and members of the public. It was eventually discovered five days later, on May 13, 2021 and it was about 20 metres from where the car was found.

The delay in the discovery of the body raised questions among many, leading to the start of the #JusticeForThabani movement, whereupon the members of the public demanded answers from the police. Thereafter, then Acting Prime Minister (PM), Themba Masuku, appointed a coroner to lead an inquest into the death of Nkomonye. The inquest into the death of Nkomonye started on June 1, 2021 and ended on March 15, 2022. During the inquest, a total of 43 witnesses were paraded by both the prosecution and the legal team of the Nkomonye family. The legal team included Advocate Mduduzi ‘Tsotsi’ Mabila, Human Rights Lawyer Thulani Maseko, Lawyer Gigi Reid and Lawyer Mangaliso Nkomondze, who is a brother to the deceased. This publication also picked some of the evidence which was submitted by some of the witnesses.

Siphiwe Mkhabela (Thabani’S mother): Thabani had no eyes

On June 1, 2021, when the inquest started, she said when she was asked to identify his late son’s body at the Raleigh Fitkin Memorial Hospital, it had a hole on his right shoulder, injuries on his right hip and stomach and an open wound on the head. Mkhabela submitted that before signing the post-mortem statement, she told the police officer that she had seen all the parts on his son’s body, except for the eyes. She alleged that she demanded that this should be captured in the statement but the police told her that she might have not seen the eyes because the body was swollen. On Wednesday, May 19, 2021, she submitted that she went to Dups Funeral Home for purposes of cutting Nkomonye’s dreadlocks. She told the coroner that she was shocked to find out that the body did not have eyes. When she asked the mortuary attendant about the missing eyes, she told the coroner that his response was that: “Bamuletse anjena (They brought him like this).”

Police Pathologist Dr Komma Reddy’s post-mortem report

The ante mortem (before death) injuries present proved that the body of Thabani had about 94 injuries;
*     Contusions of 13x5 cm, 5x3 cm and 5x4 cm present on the top of the head.
*     Contusions of 11x7 cm and 5x2 cm present on the back side of the head.
*    Abraded contusions of 3x1 cm (2), 1x1 cm (2) and 2x1/2 cm on the forehead.
*     Abraded contusions of 5x3 cm and 2x1cm, 4x1/8 cm, 3x1/8 cm (3) and 1x1/8 cm (3) cm present on the left cheek.
*    Abraded contusions of 8x3 cm present on the right cheek.
*     Contusion of 6x2 cm present on the upper lip.
*     Abrasion of 5x1 cm present on the lower lip.
*     Abraded contusions of 8x5 cm, 3x1 cm, 2x2 cm and 1x1 cm present on the left shoulder and contusions of 7x5 cm present on the top of the right shoulder.
*     Braded contusions of 3x2 cm (2), 2x1 cm (3) present on the front and right side of the chest.
*     Contusions of 3x2 cm, 2x1 cm and 1x1 cm (8) on the right side of the lower abdomen.
*     Abraded contusions of 24x11 cm, 5x 1/6 cm (2), 3x2 cm (3), 2x1/8 cm (4) and 1x1 cm (15) present on the back.
*     Contusions of 1x ½ cm (3) present on the front of the right thigh.
*     Contusions of 1x ½ cm ((2) and ½ x ½ cm (2) present on the front portion of the left thigh.
*     Lacerated wounds of 7x2 cm, 5x2 cm and 2x1 cm present on the palm of the left hand and lacerated wound of 4x2 cm present on dorsal surface of the left hand.
*     Abraded contusions present at the tips of the right hand fingers.
*     Contusions of 3x1 cm and 1x1 cm present on the front portion of the left knee.
*     Abraded contusion of 15x ½ cm present on the front and middle portion of the left leg.
*     Contusions of 2x1 cm and 1x2 cm (2) present in the left ear.
*     Abraded contusions of 2x ½ cm (3) and 1x ½ com (4) present on the back side of the left leg.
*     Abraded contusions of 2x ½ cm (2) and 1x1 cm (3) present on the lateral side of the right ankle.

Some of the questions and answers about the post-mortem report.

Thabani Nkomonye did not sustain any injuries while inside the Mazda Demio sedan, which he was driving on the day of his disappearance – Dr Komma Reddy. Advocate Mduduzi ‘Tsotsi’ Mabila and Dr Komma Reddy agreed that there were no blood stains in the car, including the airbags. Thereafter, Advocate Mabila wanted to establish from the pathologist if one could conclude that the bleeding of Nkomonye did not begin while he was in the car. The pathologist claimed that maybe there was no external bleeding when the deceased was in the car, because if there was (external bleeding) while inside the vehicle, there would have been blood stains within it.

Advocate Mabila asked Dr Reddy if he could rule out that the injuries on Nkomonye’s mouth were caused by blunt force, which could be a punch. Dr Reddy said; “Yes, it (punch) can cause it (the injuries on the mouth).” The advocate asked the pathologist, that from the injuries they had talked about (12 broken ribs, bleeding mouth and abraded contusions on the back), could he rule out that the deceased was allegedly punched on the face and fell down and then supposedly kicked on the body, before being purportedly dragged. The pathologist submitted that they did come across such injuries even if the person was assaulted. He agreed with the advocate’s statement and submitted that this was because the injuries in the pictures were consistent with hard impact, thus it could be caused by anything.

Prosecutor Fikile Dlamini and Dr Komma Reddy’s questions and answers

The prosecutor told the doctor that there was evidence that suggested that after the post-mortem; he told the deceased’s mother that the injuries on the back might be a result of being dragged down. Dr Reddy submitted that the deceased’s relatives asked him what could have caused the injuries and he told them that he might have been injured when he got out of the car, supposedly through a window or if he crawled with his back or someone dragged him. He submitted that he told them it could be either of the above. Again, the prosecutor told the pathologist that there was evidence that he informed the deceased’s mother that the injuries to his head might be a result of him being supposedly ejected by the car and landed with his head on the ground. However, the doctor responded by saying he told the deceased’s relatives that using his experience, there were slim chances that he could have been ejected by the car because he was heavy (a giant) and the way the windscreen was shuttered does not suggest that the deceased was thrown out of the car. He added that he suggested that maybe he came out through the window or someone assisted him out of the car.

Thabani’s mother Siphiwe Mkhabela - body found within two minutes

She told the coroner that upon arrival at the scene on Thursday March 13, 2021, the police waited in small groups along the main road, while they proceeded to the accident scene, which she said it was about 20 metres from the road. She submitted that they searched in different directions from where the car was found and within two minutes, she heard the deceased’s uncle shouting; ‘Nangu umntfwanami (here is my son)’ and she rushed there and saw him under a tree. She claimed that the Timberland boot he was wearing on the day he disappeared was allegedly visible above a tree and someone could see it from a distance. She added that in their view, it appeared that the deceased’s body was placed there. She added that they were convinced that the police had a hand in their death of their son, considering that they claimed to have searched the area on the night of the accident and in the following morning – during broad daylight. Again, another witness, Mathokoza Makhanya conducted another search during the day on Monday March 10, 2021.

Lawyer Gigi Reid’s questions to Dr Komma Reddy

Conclusion reached by Lawyer Reid; the injuries which were sustained by the deceased are not consistent with wounds from a car accident. The lawyer submitted that the post-mortem report said the deceased had 12 broken bones (seven on the left and five on the right). Her concern was how the doctor found out that the bones were broken. In fact, she asked if he took him to X-ray. Dr Reddy responded to the negative. He submitted that he used his naked eyes to see the ribs were broken. The lawyer asked what the doctor thinks could have caused such injuries on the ribs.

In response, Dr Reddy claimed that it could be the steering wheel or something hard. However, the lawyer wondered if the airbags of the car could break the ribs and the police pathologists asked not to answer the question. The lawyer then put it to the doctor that if the airbags came out from the steering wheel, it could not injure the driver so much that his ribs could be broken. She also asked if a person who was so badly injured could be able to crawl. Dr Reddy submitted that according to his imagination, it was possible. However, the lawyer put it to him that he was allegedly terribly lying and that this made her to be worrisome.

Investigator Constable Bhoncozi Kunene - how police searched scene

His summary was that they (about 15 people, including three police officers) searched for the occupants of the car for about two-hours, but in vain at the accident scene on the same night.
Constable Kunene attended to the accident together with two other officers Msibi and Thusi. The Prosecutor Fikile Dlamini asked him what could be the cause of the accident, according to his analysis. In response, he said sleeping on the steering wheel and speeding are suspected to be the cause of the accident.

Scenes of crime’s Constable Sanele Malindzisa – he confirmed there were no bloodstains in the car

The scenes of crime officer, confirmed with pictures that there were no blood stains in the car which was driven by the late Thabani Nkomonye. Constable Malindzisa also agreed with Advocate Mduduzi ‘Tsotsi’ Mabila that someone who dives to a thicket would be expected to be found above it. This was after the advocate asked the witness if he was correct that at the scene he showed them where the deceased’s body was found and further informed them that it was underneath a thicket. As such, the legal practitioner said the witness told them that they (police) had to cut the thicket in order to retrieve the body where it was lying. In response, the police officer confirmed that the body was found under the thicket and that they had to cut the tree branches in order to take it. The advocate wondered if the witness would agree with him that if someone dives into a thicket, he would expect to person or body (dead or alive) above it. The witness responded to the positive.

Sihle Gama submitted that he witnessed A police car chasing a black Mazda Demio at high speed

Gama, a witness paraded by the legal team of the Nkomonye family told the coroner that the police refused to record his statement in which he was to narrate that on May 8, 2021, he saw a police car chasing the vehicle similar to the one which was supposedly driven by the deceased, at high speed. He also informed the police that people, who can tell anyone who needs answers about what happened to the black Mazda Demio sedan, were the police.