The police statements of a witness to the May 2021 Khayelitsha mass shooting incriminating Yanga “Bara” Nyalara and Wanda Tofile have come under sharp scrutiny from the defence after they contradicted what was found in video footage.
This comes after the witness identified as Mr Z gave damning testimony on Monday during the proceedings held in camera at the Goodwood Prison Court about how he watched the group of about 11 or more armed men go on a shooting spree.
He pointed out the accused as being part of the shooting, in which 12 people were killed and six others wounded.
The two accused have pleaded not guilty to all 20 charges, which include unlawful possession of firearms and ammunition.
Cross-examination of the witness started on Tuesday with the defence, which requested that their names not be published, playing video footage that captured some of the incident.
The defence pointed out people he claimed were Nyalara, Tofile and another man “Thulani”. The witness conceded that in the video all the men were wearing masks but emphasised that when he first saw the group, Nyalara and Tofile did not conceal their faces, while the rest of the group wore masks.
The witness said he recognised them based on the clothes they were wearing near a shop where he first spotted the group, and suggested the accused could have known they were going into an area with cameras, hence were seen with masks in the video.
It was also pointed out that on Monday Mr Z testified that Nyalara carried two big guns while Tofile and Thulani had small guns. In the video the person he pointed out as Nyalara had one big gun and the person he pointed out as Thulani also had a big gun.
“I never said Bara had the two big guns at Ngquks Tavern and I never said he got rid of the other big gun because I did not see him getting rid of the big gun,” he said. This was after he was asked when Nyalara got rid of the two guns he alleged he had seen.
Mr Z explained that when he and friends got to a passage they were hiding in, Nyalara had one firearm and he did not know to whom he gave the other firearm.
The defence told the witness that he was caught out again and said the court was lucky to have the video.
He further told Mr Z that the clothing he described to police and what he described in his statement were different from what was captured in the video.
Cross-examination continues.
Cape Times