[I have sympathy for this white man whose fate depends on blacks who worked for him. I have told this story before, and it is recorded on my website in more detail. I will tell a shortened version of it. When I was 16, my mother and I were involved in a car accident where my mum hit a black woman. In the court of law – no less than NINE black “eye witnesses” – none of whom knew me – swore blind that they saw me driving the car. To this day I do not know how I was framed in a matter of minutes. I still think it was because of one of the black policemen who arrived on the scene. But having personally experienced how black people who don’t know you can stand up in a court of law and lie through their teeth – I can only wonder about this white man. In my case, I was found guilty on 4 of the 5 charges against me – and since I was 16 I was given a suspended sentence saying that I would not be able to apply for a driver’s licence for 5 years – among various other fines. This happened in Zimbabwe. And it was a most shocking thing for me as I had done nothing wrong.

If a single black policeman could call on other blacks to testify against me – none of whom knew me – then how easy will it be for political parties to promise money (and an early release from jail), to the black co-accused in this crime. The white man might be hung out to dry. Jan]

By Carol Hills

A doctor was called to examine lion-murder accused Mark Scott-Crossley on Thursday, after he was put into the cells at Phalaborwa circuit court when his bail was cancelled over an altercation with a witness.

Scott-Crossley covered his face with his hands and wept at being incarcerated at the start of the lunch adjournment immediately after the bail ruling. This was after making rude gestures at a photographer trying to take a picture of him behind bars with his co-accused.

Later asking the court to postpone the matter down until Friday, Scott-Crossley’s counsel Johann Engelbrecht SC asked the court to order that his client be detained at Phalaborwa police cells to facilitate an examination by “a medical practitioner of our choice”.

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He did not disclose his client’s medical condition
He did not disclose his client’s medical condition.

State prosecutor Ivy Tsenga had no objection.

Regretting the Scott-Crossley’s “indisposition”, Judge George Maluleke granted the order, and hoped he would be well enough to continue on Friday morning.

Scott-Crossley, Richard “Doctor” Mathebula, 41, and Simon Mathebula, 43, have all pleaded not guilty to killing Nelson Chisale, 43, by feeding him to the lions on January 31, 2004.

Scott-Crossley was granted bail of R250 000 on December 28 after spending about eight months behind bars after several unsuccessful applications for bail.

For much of that time he was at Nelspruit police station. He had been brought there from Nelspruit prison after eight masked men allegedly robbed and assaulted him in a communal cell, amid suggestions that the murder may have been racially motivated. The Mathebulas remained in custody.

However, Phalaborwa High Court cancelled Scott-Crossley’s bail on Thursday and out him in custody until the end of the trial, finding he had interfered or threatened to interfere with a witness.

Maluleke ruled that the witness, Forget Tsako Ndlovu, had been telling the truth when he accused Scott-Crossley of grabbing his T-shirt, and muttering something inaudible to him as he left the court at the close of proceedings on Tuesday. Also credible was the evidence of crowd-control police officer Inspector Patrick Mangolele, who watched Scott-Crossley head directly for Ndlovu, and corroborated what happened next.

The only contradiction in their evidence was whether Scott-Crossley then jabbed Ndlovu with his forefinger or wagged his finger at him – and this was an immaterial difference, Maluleke found.

Scott-Crossley had testified that on leaving the dock he collided with a person who may have been Ndlovu and apologised, saying “sorry mfowethu” (brother) and as he did so, “hushing” the person with his hand to indicate apology.

His brother, Shaun Scott-Crossley, told the court that when he saw Scott-Crossley walking to his counsel, Johann Engelbrecht SC, sitting in court, he grabbed him and dragged him outside to where their father was waiting – out of concern for their father’s safety. As he did so, they both collided with people. He turned and saw his brother saying sorry to someone and saw him raise his arm in a gesture of apology.

Scott-Crossley had been adamant that he had not told his counsel that he had said “sorry boetie” to the person he collided with, said Maluleke. Although realising his counsel was putting the wrong version to witnesses, Scott-Crossley had waited until he was called to give evidence to correct it. This appeared to be an “afterthought” or an “ingenious papering over of a crack”, he said.

In contrast, there was no reason given why Ndlovu would fabricate evidence against Scott-Crossley. Evidence was that Ndlovu felt threatened or intimidated by him. Other witnesses yet to be called were employees of his at the time of the murder.

Maluleke on Thursday further ordered that the R250 000 cash and shares ceded to the state by Scott-Crossley in posting bail be returned to him.

Although the order was made in the face of strenuous objections by state prosecutor Ivy Tsenga she conceded she did not have a problem with the finding “as long as the witnesses are not going to be intimidated any more”.

Maluleke refused an application by Engelbrecht for leave to appeal. – Sapa

URL: http://www.iol.co.za/index.php?set_id=1&click…/p>