State prosecutor in Phala Phala burglary trial declares own witness hostile

The State prosecutor in the Phala Phala burglary trial has declared his own witness as hostile.

The witness had several discrepancies in his oral testimony that do not align with an earlier statement given to police.

ALSO READ:

• Phala Phala: Magistrate rejects prosecution's application to declare State witness recalcitrant
• Phala Phala burglary: Ruling expected on State witness who changed evidence
• Phala Phala trial: States turns against its witness, accuses him of non-cooperation

The witness, who cannot be named for legal reasons, allegedly drove the robbers from Limpopo to Gauteng a few days after they broke into President Cyril Ramaphosa’ farm and made off with $580,000 in cash.

The trial is currently being heard at the Modimolle Regional Courtin Limpopo.

The driver initially told the police he was paid $30,000 in cash but has since changed this figure to R7,000.

The driver has also gone back on his previous police statement that accused number one, Imanuwela David, was one of the people he transported.

Earlier on Wednesday, the court rejected the State’s application to invoke Section 189 of the Criminal Procedure Act to declare the driver as an uncooperative witness.

"Without repeating the factual basis that were laid by the court when the court requested the court to act in terms of Section 189, with leave of the court, may the State submit on that same factual basis that the witness be declared hostile in terms of Section 190 of the Criminal Procedure Act," said State prosecutor Nkhetheni Munyai.

The defence lawyers opposed the application, calling the prosecutor desperate. However, Magistrate Peter Manthate allowed it, opening the door for the prosecutor to cross-examine his own witness.