I was framed, says murder accused

KNYSNA NEWS - The Victor Molosi murder case resumed in the Knysna Magistrate's Court last week with alleged hitman Vela Patrick Dumile back in the witness box after the trial was postponed two weeks ago.

Molosi, an ANC councillor in Knysna, was shot outside his house in Concordia on the night of 23 July 2018. The three men accused of his murder are former independent councillor Velile Waxa, former Knysna municipal employee Mawande Makhala and Cape Town resident Dumile. The state has built its case largely on the testimony of Mawande's brother Luzuko Makhala, who turned state witness after the murder.

In his original statement, Luzuko fingered Dumile as the gunman among many other allegations.

However, when it came to testifying in court, Luzuko left out all the material details of the murder, said he was led by the police when he made his initial statement, and the court subsequently declared him a hostile witness.

Humour in court
Dumile's evidence in chief had the gallery and the court in stitches half the time mostly because of the manner he either relayed his story or opted to answer questions.

"If you were stuck in room with a lion and a .38 revolver, would you shoot the animal with your right hand or would you let the animal eat you?" state prosecutor MP Heyns asked him. To this he replied, covering his mouth and trying not to laugh, "I would rather let it eat me or scream for help."

When the question was asked again, he said he would rather have the lion eat him than use the gun because he wouldn't know which direction to point the gun.

Dumile's testimony of his version of events was similar to the initial police statement made by Luzuko, except when it came to the details relating to the commission of the crime, which he denied.

During his own initial statement to the police, Dumile said he and Luzuko came to Knysna from Cape Town to steal a Siyaya bus but during his evidence in chief he said that was a joke and the real reason was for Luzuko to sort out issues relating to his house.

'Police at fault'
When asked why he didn't tell the police about the house, he said he might have mentioned the house issue but the police elected to leave it out.

Dumile, who testified on Thursday 28 November that the left side of his body is weak after an accident in 2013, said he and Luzuko drove to Knysna on 22 July 2018, a day before Molosi's death. He said he used his right hand to drive the manual car.

He alleged that Luzuko framed him and suspected the reason for this was because they had a fallout after he took Luzuko's girlfriend, but he thought they had ironed out their differences.

Dumile, who was positively identified by Molosi's wife and son, Nomonde and Dumisani respectively, during an ID parade shortly after the murder, accused investigating officer Sergeant Barnard Wilson of creating ID parade fraud. He also alleged his photos were taken during his first court appearance and that he believes they were posted on social media, which is why the Molosis could identify him.

'I speak like a man'
Dumisani in his testimony a few weeks ago referred to a suspicious-looking man (Dumile) with a small, quivering voice "like that of a woman" who visited their residence the day before and on the actual day of the murder, and when Heyns put it to Dumile last week that he understands why Dumisane could remember him – because of his voice – Dumile replied in a deeper tone: "Hayi ndithetha ingathi ndiyindoda mna," loosely translated as, "No, I speak like a man."

He denied going to Molosi's house and accused Nomonde and Dumisani of lying.

When questioned about the contents of Luzuko's statement, Dumile who said Luzuko was his best friend, told the court, "Luzuko was here and didn't say any of the things contained in the statement, when he made the statement he was led by the police."

According to Luzuko's original police statement, when he and Dumile drove back to Cape Town on 24 July, he asked Dumile how he had killed Molosi. According to the statement, Dumile told Luzuko that he shot Molosi in the chest and the last bullet was in the head – information that matches the findings in the autopsy report.

'Police led the witness'
Judge RCA Henney asked Dumile how Luzuko could have known this information if it wasn't from him. Dumile reiterated that his friend was led by the police when he made the statement.

According to cellphone records, after Dumile and Luzuko returned to Cape Town they made contact with each other on different numbers. When asked about this, Dumile said while in Knysna he met a woman who was constantly calling him causing problems between him and his girlfriend in Cape Town, so he decided to change his number to keep the peace at home.

Waxa started his testimony on Friday 29 November but the matter was postponed to Monday 9 December before he could be cross-examined. Read the update in next week's edition.

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