Phala Phala burglary: Ruling expected on State witness who changed evidence

The Phala Phala burglary trial returns to court on Wednesday, with the magistrate expected to make a ruling on a State witness who has changed his evidence. 

The witness, who cannot be named for legal reasons, is the driver who allegedly unwittingly transported the robbers from Limpopo to Gauteng, a day after the break-in.

Imanuwela David, along with siblings Froliana and Ndilinasho Joseph, are accused of breaking into President Cyril Ramaphosa’s farm and stealing 580,000 US dollars in cash.

The trial is being heard at the Modimolle Regional Court in Limpopo.

In a police statement given to police, the driver said he was paid 30,000 US dollars in cash for transporting the alleged robbers. 

However, in his oral testimony in court, he said he was only paid R7,000.

State prosecutor Nkhetheni Munyai said several other details from his oral testimony were inconsistent with the statement he gave police. 

"The State invoked the provision of [section] 189 [of the Criminal Procedure Act] on the basis that, it’s the State’s submission that the witness did not answer properly the questions put to him."

Section 189 of the Criminal Procedure Act deals with uncooperative witnesses and can result in a sanction or a fine, or direct imprisonment if a person is found guilty of violating it. 

For his part, the driver has suggested he could’ve made the police statement under duress.