The lawyer of a man accused of murdering his wife’s ex-boyfriend, burning the body and the wife passing off the charred remains as his to claim from insurance, says his client was coerced into making a confession statement implicating himself.
During the testimony of the investigating officer on Thursday on how he arrested Sibusiso Mahlangu of Soshanguve, north of Pretoria, the matter was stood down at the Pretoria high court and a trial-within-a-trial was held to determine the admissibility of the confession.
According to the indictment, Mahlangu and his wife Lerato, killed Sibusiso Sithebe in January 2022 and then set his body alight. It was burnt beyond recognition.
In April last year, police arrested the couple and charged them with Sithebe's murder, conspiracy to commit murder and two counts of fraud.
State witness and police officer Fanuel Molefe gave evidence on how police arrested Sibusiso for misrepresentation and later for murder.
"The accused was in custody; he had been arrested for stealing a vehicle by Hammanskraal police and detained in Temba police station, where I work. I then received information from a constable [that he had faked his death]. I took the information and interrogated the accused.
"At that time, we only had the name of the accused, and we didn't have the ID. We then did a profile. We asked for his ID number, and he gave us two ID numbers, and they were not making sense.
"I discovered the second one was the correct one, and it showed that the person was declared dead," he said.
While Molefe was busy giving evidence about the interrogation, Mahlangu's lawyer – Nthabiseng Serabele – objected.
She said what Molefe was about to say amounted to a confession. The matter was then stood down for 30 minutes and then recalled.
After the matter was recalled, judge Mokhine Masopa called for a trial- within-a-trial to check the admissibility of the confession.
Serabele said the confession statement was obtained unlawfully. "The witness was coerced. The statement was not made voluntarily," she said.
According to Serabele, the statement was not even written down at the time, Mahlangu was emotional and not in his sober senses.
However, Molefe said Sibusiso made the confession voluntarily.
"He was cool and calm. The witness was in his sober senses. He spoke to me in a normal manner, and I didn't shout or threaten him,” he said.
The proceedings continue.
Soshanguve couple in court for murder of wife's ex-boyfriend
Sibusiso Sithebe's body was burnt beyond recognition
Image: Herman Moloi
The lawyer of a man accused of murdering his wife’s ex-boyfriend, burning the body and the wife passing off the charred remains as his to claim from insurance, says his client was coerced into making a confession statement implicating himself.
During the testimony of the investigating officer on Thursday on how he arrested Sibusiso Mahlangu of Soshanguve, north of Pretoria, the matter was stood down at the Pretoria high court and a trial-within-a-trial was held to determine the admissibility of the confession.
According to the indictment, Mahlangu and his wife Lerato, killed Sibusiso Sithebe in January 2022 and then set his body alight. It was burnt beyond recognition.
In April last year, police arrested the couple and charged them with Sithebe's murder, conspiracy to commit murder and two counts of fraud.
State witness and police officer Fanuel Molefe gave evidence on how police arrested Sibusiso for misrepresentation and later for murder.
"The accused was in custody; he had been arrested for stealing a vehicle by Hammanskraal police and detained in Temba police station, where I work. I then received information from a constable [that he had faked his death]. I took the information and interrogated the accused.
"At that time, we only had the name of the accused, and we didn't have the ID. We then did a profile. We asked for his ID number, and he gave us two ID numbers, and they were not making sense.
"I discovered the second one was the correct one, and it showed that the person was declared dead," he said.
While Molefe was busy giving evidence about the interrogation, Mahlangu's lawyer – Nthabiseng Serabele – objected.
She said what Molefe was about to say amounted to a confession. The matter was then stood down for 30 minutes and then recalled.
After the matter was recalled, judge Mokhine Masopa called for a trial- within-a-trial to check the admissibility of the confession.
Serabele said the confession statement was obtained unlawfully. "The witness was coerced. The statement was not made voluntarily," she said.
According to Serabele, the statement was not even written down at the time, Mahlangu was emotional and not in his sober senses.
However, Molefe said Sibusiso made the confession voluntarily.
"He was cool and calm. The witness was in his sober senses. He spoke to me in a normal manner, and I didn't shout or threaten him,” he said.
The proceedings continue.
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