After convincing magistrate Lindelwa Figlan to listen to new evidence in the bail application of Rhodes University student Thembani "Zion Eyes" Onceya, the state claimed that new evidence placed Onceya in Extension 9 on the day Grahamstown man Thembelani Qwakanisa was allegedly tortured.
After convincing magistrate Lindelwa Figlan to listen to new evidence in the bail application of Rhodes University student Thembani "Zion Eyes" Onceya, the state claimed that new evidence placed Onceya in Extension 9 on the day Grahamstown man Thembelani Qwakanisa was allegedly tortured.
The mutilated body of 29-year-old Qwakanisa was recovered from Zion Dam on 5 October.
New evidence the state said it would bring to court contradicts Onceya's statement that he left his Extension 9 home between 8 and 9am on the day of the alleged torture.
When Detective Warrant Officer John Manzana was called to the stand, he testified that the state had proof Onceya used his bank card to buy liquor in a tavern in Extension 9 on the afternoon of 2 October.
In his testimony Manzana gave the time and amount of the purchase, along with the name of the liquor outlet.
“He swiped his bank card when he bought the alcohol,” Manzana said.
Manzana further testified that on Monday 3 October Onceya again used his card to buy liquor in Joza. Manzana again stated the amount and time of the purchase, as well as the name of the tavern
“We have requested the bank to provide us with statements as evidence,” said Manzana.
Manzana testified that according to the state’s evidence, Onceya was in Joza on 2 and 3 October, in both Extension 9 and Extension 3, at various times.
Manzana also testified that according to Onceya's girlfriend, the accused slept in his room in Extension 9 with her on Saturday night.
However, according to the state’s evidence, on Sunday night Onceya instead slept in the main house, Manzana said.
State prosecutor Lyle Prins asked Manzana why Onceya had not slept in his own room in the same house on Sunday night.
According to the state’s evidence, Manzana said, Onceya had declared he wouldn't sleep in the same room as a dead person.
Onceya's attorney Basil Williams said the state was delaying the conclusion of the bail application, adding that this had prejudiced his client's right to a speedy bail application.
Williams challenged the state's assertion at the beginning of the bail application that it had a strong case, saying if that were so, why would they want to produce new evidence at this late stage in the bail application.
“We need to finalise this case now and the state should have brought this evidence long ago,” Williams said. “The state claimed to have a strong case against the applicant.”
Prins countered that the case was still ongoing and it was appropriate that any new evidence that emerged should be used to inform the bail application. He said this was not a trial but a bail application, which meant there were still investigations under way.
Figlan told Williams that the state would be granted an opportunity to table its new evidence and Manzana was called to the stand to present it.
Prins asked Manzana to tell the court about the alternative address Onceya had provided to the court.
Manzana said the second address Onceya had given was in Port Alfred.
“I went to Port Alfred and asked a colleague [police officer]from Nemato police station to accompany me to find this second address,” Manzana said.
“We drove to the location, to the specified Tony Tyuka Street and started from top to bottom but we couldn’t find the house number that was provided,” said Manzana.
Williams asked Manzana whether, when he struggled to find the Port Alfred address, he had tried to call a particular cellphone number written on the same piece of paper as the address.
Manzana said he hadn’t and Williams asked why not.
The court adjourned for a few minutes to give Manzana an opportunity to call the number.
When the court returned Manzana said he had called the number and confirmed the person’s identity.
She’d explained to Manzana where she lived – a Grahamstown address.
Because the woman wasn’t at home at the time, Manzana asked to meet her face to face.
“I said I would come to her and she had no problem,” Manzana said. “On arrival I saw a person that I’m familiar with. She has been here [in court]attending this case all the time.”
Manzana said she was unable to confirm the Port Alfred address.
“Her response was that she had no idea of the address,” Manzana said.
Prins read a letter from Rhodes University’s Student Affairs division which said Onceya was not permitted to enter any Rhodes University residence pending his case.
He would be allowed to come to the campus only to write exams and must leave immediately afterwards.
