The trial-within-trial on the admissibility of the accused’s confession statement has been adjourned to Thursday in the High Court in Polokwane, Limpopo. Pig farmer, Zacharia Olivier, has said that he gave the statement under duress.
Olivier and his co-accused William Musora are being tried for the murder of two women, Maria Makgato and Kudzai Ndlovu, at Onverwacht farm outside Polokwane in August 2024.
The prosecutor Advocate George Sekhukhune and the defence lawyer, Advocate Jakobus Venter, have presented their arguments on the statement.
“On record, he indicates that I was dishonest, I was dishonest with a purpose. I don’t want to use the word lie. In essence, what he’s saying is that I was untruthful with a purpose,” says Sekhukhune.
“In terms of Section 217, it is the state’s obligation; they carry the burden of proof. And it is my submission that they failed to satisfy the burden of proof in order for this document to be admitted,” says Venter.
VIDEO | Pig farmer, Zacharia Olivier’s testimony at the trial:
The prosecution has disputed his assertion that his constitutional rights were violated when he gave confession statement to the police.
Olivier has told the court that his rights were not read to him.
During the cross-examination, Advocate George Sekhukhune put it to Olivier that he was aware of his rights when giving a statement.
“Remember, I asked him a question regarding legal rights. In the event that Mr Olivier told you that he wanted legal representatives, what steps where you going to take? He said I was going to stop right there to make the statement because now I would have understood that he wants to be legally represented before I proceed with the particular statement. It’s my humble submission, my lady, that legal rights were explained, but he proceeded.”
VIDEO | Last year, former accused, turned state witness Rudolph de Wet testified on the murders of the two women:
– Avhapfani Munyai
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