NOT OUT: Enock Matshaba. Picture: ELLEKIA MODISE
North West High Court Judge Rodney Hendricks rejected evidence of the first accused in the Moss Phakoe murder case that the former mayoral bodyguard was forced to point out the crime scene as his legal team had claimed.
The judge ruled that Enock Matshaba, 41, was not forced to point out the crime scene and therefore his evidence was accepted by the court.
Both Matshaba and the Rustenburg municipality speaker and former mayor, Mathews Wolmarans, 43, are accused of killing councillor Phakoe in 2009.
Matshaba’s defence attorney earlier argued that Matshaba, the accused number one in the murder case, pointed out the murder crime scene under duress.
Senior defence counsel, advocate Sita Kolke told the court that Matshaba, an Umkhonto we Sizwe veteran who was Wolmarans’ former bodyguard, was not afforded the opportunity to exercise his right to legal representation when he went to point out the crime scene.
Matshaba pointed out the mayoral house where it is alleged the plan for murder was discussed.
He also showed police Phakoe’s home and where he used to repair his car in the street at the deceased’s home.
State advocate Moipone Moroka said the ruling was a victory for justice “and what is left is now is for the prosecution team to prove that the accused are guilty”.
In February, charges against accused number three and four – prominent Rustenburg businessman Oupanana Mphomane, 44, and member of the mayoral committee Amos Mataboge, 60 – were withdrawn and they were released.
Wolmarans was out on R50000 bail, Mphomane on R30000 bail and Mataboge on R5000 bail. Matshaba is the only one who was denied bail and was remanded in custody.
Moss Phakoe was shot and killed with two bullets to his head outside his home in Rustenburg North on March 14, 2009.
This happened after Phakoe had handed documents containing allegations of corruption to the then Minister of Local Government and Traditional Affairs, Sicelo Shiceka.
Allegations of corruption were related to the outsourcing of operations at Rustenburg Kloof Resort and Olympia Stadium, both belonging to the municipality.
Omaramba, a company co-owned by Mphomane was awarded the contract.
The trial continues today.