[Note how some evidence was ignored. The expert testimony states that the Black man was dead when he was thrown to the Lions… instead… the “witnesses” say they heard his cries… How theatrical. Note too… how at least one Black guy is found “equally guilty” of murder. No doubt… they will twist this in the press and emphasise the role of the White man… though the actual murderers were: 1 White mand and 2 Blacks… they emphasise the White man’s role in this. Jan]

Phalaborwa – Mark Scott-Crossley masterminded the killing of farm-worker Nelson Chisale who was thrown to lions in January 2004 after being viciously assaulted, the Phalaborwa circuit court heard on Tuesday in closing argument by the State.

His co-accused, however, was equally guilty of the murder because they acted with common purpose, prosecutor Ivy Thenga argued before Judge George Maluleke and assessors Kate Choshi and Elphus Seemela.

Scott-Crossley, 37, and Simon Mathebula, 43, have pleaded not guilty to a charge of murder.

The trial of a third accused, Richard Mathebula, 41, who also pleaded not guilty, was separated from theirs when he fell ill. Charges were withdrawn against a fourth co-accused Robert Mnisi after he turned State witness.

Rejecting Scott-Crossley’s testimony that he helped dispose of the body only because his life and that of his teenaged son were threatened by Mnisi as part of a conspiracy between the accused, Thenga told the court it was unlikely an employee would threatened his employer.

Evidence was that until then Mnisi and the Mathebulas had followed Scott-Crossley’s orders, she argued.

Scott-Crossley did not even mention the alleged threat when he spoke to the police after the incident, Thenga said. “He keeps quiet.” He even arranged for lawyers for the people who allegedly threatened him, she pointed out.

Regarding Mnisi, who has been described as an unreliable witness presenting often contradictory evidence, Thenga asked the court to take into account case law on the affect of language and cultural differences on the meaning of testimony, and the fact that not every contradiction could be deemed to impact on the credibility of a witness.

Heard him cry out

She further contended that his testimony was backed by a statement made by Richard Mathebula, which she argued should be accepted into evidence even though he had not testified or been cross-examined.

She argued that expert opinion for the defence that Chisale, 41, was dead when fed to the lions could not overrule the evidence of witnesses, including Mnisi, who heard him cry out when thrown into the lion encampment.

Scott-Crossley testifying earlier that he did not want to make the State’s case any easier, Thenga said, accusing his counsel of wasting the court’s time by having her prove to the court that the remains found in the camp were indeed those of Chisale, when Scott-Crossley had himself helped dispose of them.

Thenga said it was irrelevant whether Chisale was dead or alive when he was thrown to the lions, as his death started at the time he was apprehended and assaulted on Scott-Crossley’s farm, allegedly by the Mathebulas.

In his closing argument, Mduduzi Thabede, defence counsel for Simon Mathebula, admitted that while his client was party to the apprehension of Chisale and tied him up, he had no intention to kill.

Source: News24.Com
URL: http://www.news24.com/News24/South_Africa/New…/p>