The Goodwood Prison, sitting as the High Court, is expected to decide whether an eyewitness to the May 2021 massacre which saw 12 people murdered in Khayelitsha will be allowed to cover his face with a mask when testifying.
The case against Yanga “Bara” Nyalara and co-accused Wanda Tofile continued on Tuesday as the State sought an order in relation to the protection of the identity of a witness identified as Mr Z.
The State wants Mr Z to be permitted to wear a so-called “Covid mask” for the duration of his evidence, and that his evidence be presented via CCTV.
The State relied on a report from court preparation officer Sophie Petlele which recommended that the witness be provided with the option to testify in a CCTV room, with the support of a court preparation officer.
“This would allow him to avoid the potential re-traumatisation of testifying in open court, while still allowing him to share his testimony. Additionally, I suggest that he be offered access to counselling services to address the emotional trauma caused by the incident,” said Petlele.
According to Petlele’s report, Mr Z, some three years after the event, was still severely traumatised and “will suffer harm should he be required to give evidence in open court or in the proximity of the accused”.
The State further said Nyalara and Tofile had failed to provide any basis as to why and how such an order would interfere with their fair trial rights.
“The accused have already been placed in possession of two witness statements made by Mr Z, albeit copies of the statements that have been redacted to the extent permissible. The accused, with respect, therefore already have significant information at their disposal to overcome the concerns of their inability to properly present their defence,” the State submitted.
During the start of the trial on Monday, head of provincial detective organised crime unit Lieutenant-Colonel Victor Norman Galant took the stand and revealed that two witnesses were killed, with a further two attempts on the life of another witness who was shot at his house on July 2.
He further told the court that multiple murders were prevalent in Khayelitsha and detectives faced challenges in probing such cases due to witnesses being terrified to testify.
“Witnesses such as Mr Z rarely come forward due to fear of retribution, and Mr Z’s fear appears to be justified and reasonable. The honourable courts have rarely been asked to make an order where the identity of a witness be withheld from both the honourable court and the defence.
It is respectfully submitted that the State has established that there is a likelihood that harm may befall Mr Z should he be required to divulge his name and identity in court” the State said.
Galant was cross-examined on Tuesday, where it pointed out that Petlele’s recommendation mentioned CCTV and nothing about wearing of a mask.
The defence said it had no problem with Mr Z appearing via CCTV but wants the witness unmasked.
The matter continues.
Cape Times