LEBOGANG SEALE
FOUR police officers involved in the issuing of a firearm – allegedly used in the death of a Soweto teenager – to a student constable, face arrest for defying a court order to testify.
The Roodepoort Regional Court yesterday postponed the bail application hearing of the suspect, Constable Sipho Mbatha, 41, after the four officers failed to appear in court.
Magistrate Elize Smith had on Monday ordered that the unnamed officers, all attached to the Dobsonville police station, be called to testify.
They were expected to testify on evidence by a senior investigator from the Independent Complaints Directorate (ICD), Leon Naidoo, that issuing Mbatha with the high-calibre semi-automatic R5 rifle had been risky.
Naidoo said a designated firearms officer at the Dobsonville police station had made a statement declaring Mbatha unfit to carry a firearm as he was suicidal, and therefore mentally unstable. Mbatha had twice attempted suicide in December, according to Naidoo.
A commander on duty on the night of the shooting had allowed Mbatha to carry the firearm when he joined the team of detectives who went to raid 16-year-old Thato Mokoka’s home in Bramfischerville Phase 2.
ICD spokesman Moses Dlamini, speaking after the court proceedings, said the four police officers should be subpoenaed to appear in court.
Yesterday, Gauteng police spokesman Brigadier Neville Malila said the court might issue warrants of arrest as the police officers’ actions could be in contempt of court.
“Unless there are compelling circumstances (for not attending court), a warrant of arrest would be issued. This is normal procedure,” Malila said. His statements were corroborated by National Prosecuting Authority spokesman Mthunzi Mhaga.
Earlier in court, Mbatha had wept as soon as the bail application hearing was postponed to March 16.
“The legal adage that justice delayed is justice denied is true in this case,” said Mbatha’s defence counsel, advocate Kenneth Manyage.
He added that the State should at least have obtained the police officers’ statements under oath so that the bail application hearing could continue, but the magistrate instead postponed the bail application.
Mbatha has pleaded not guilty to a charge of murder.