Police impartiality questioned in Lusikisiki massacre trial

The defence in theLusikisiki massacre trialhas raised concerns about the impartiality of police, questioning why confession statements were taken by officers from the same policing district in which the crimes occurred. The Mthatha High Court sitting in Lusikisiki heard on Monday that seven officers were assigned to takeconfessions. All had not previously been involved in the investigation.

Despite this, the defence alleges partiality and police brutality, arguing the officers could not be regarded as fully independent. At the centre of the dispute is a decision by Brigadier Duduzile Ngculu, provincial head of the serious and violent crimes investigation unit, to appoint officers from within the OR Tambo district, including her subordinate, to take the statements. During cross-examination, defence counsel questioned why officers from Lusikisiki, Port St Johns, Tsolo and Mthatha stations were selected instead of personnel from other units.

Attorney Mawande Nokwali, representing one of the accused, challenged the arrangement. “Captain Sigcu is your subordinate; he reports directly to you. You could have requested another officer from a different unit.

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This was a high-profile case that drew national interest,” Nokwali said. According to my knowledge, there is nothing wrong with them obtaining the statements Ngculu defended her decision, telling the court the officers were independent of the investigation. “Yes, Captain Sigcu is my subordinate, but he was not involved in the investigation.

The same applies to the other officers. “According to my knowledge, there is nothing wrong with them obtaining the statements,” she testified. Nokwali also questioned why a magistrate from Dutywa was approached to take a confession instead of local magistrates.

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