‘Forced’ confession not valid in court

Published Jul 25, 2011

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Mpiletso Motumi and Tshiamo Ramokoka

THE JOHANNESBURG High Court has ruled inadmissible a confession by triple-murder accused Sizwe Gwala linking him to murders in Emndeni last year.

Gwala is accused of killing Jabulile Vilakazi, Albert Khumalo and Mbuyiseni Khanyile and wounding Jeffrey Mkhwanazi and Bhekazana Tshabalala during a shooting spree in the township in February last year.

Gwala applied successfully last Wednesday for a trial-within-a-trial, alleging the police had assaulted him and forced him to confess his role in the three murders on February 28 last year.

The contents of the confession were not read out in court before the application.

Friday’s ruling means the State cannot use the confession against Gwala.

Gwala stands accused on three counts of murder, two counts of attempted murder, hijacking, robbery with aggravating circumstances, illegal possession of firearms and ammunition.

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