WITNESSES who testified this week against two men facing numerous rape and robbery charges will be recalled to the Johannesburg high court after it emerged that their testimony might have been attributed to the wrong man.
Confusion reigned yesterday in court 2B when state counsels Leisha Surendra, Busisiwe Mnisi and Mzoxolo Bosiki scurried about to determine whether previous witnesses had given evidence against the wrong accused.
The confusion arose because the accused, Jacinto "Kwaito" Chilenge and Felix "Muchiwani" Machava, were seated in reverse positions while in the dock.
Chilenge, 26, was seated to Judge Fritz van Oosten's right while he should have been seated on his left side. Machava, 33, who was seated on the left, should have been on the right.
The problem was compounded by a seemingly incorrect indictment.
On the document Chilenge and Machava were listed as accused one and two, respectively. But the indictment was amended, listing Chilenge as accused two and Machava as accused one.
It was after the lunch adjournment that Chilenge and Machava were ordered to sit in their correct positions and were entered into the record as accused one and two, respectively, as they had originally appeared in the indictment.
Sergeant Elphius Mushwana, who with Warrant Officer Samson Msweli, arrested Chilenge and Machava in April last year soon after they had allegedly burgled the home of two Soweto women and raped them, was the first witness to be recalled.
He confirmed that Chilenge was accused one while Machava was accused two.
So far eight witnesses have already testified in the matter, and Judge Van Oosten ruled that they all be recalled to amend the court record.
Chilenge and Machava face 37 charges of rape, kidnapping, unlawful possession of ammunition and firearm, housebreaking with intent to rob and robbery with aggravation.
The trial continues.
Witnesses recalled in duo's rape case
WITNESSES who testified this week against two men facing numerous rape and robbery charges will be recalled to the Johannesburg high court after it emerged that their testimony might have been attributed to the wrong man.
Confusion reigned yesterday in court 2B when state counsels Leisha Surendra, Busisiwe Mnisi and Mzoxolo Bosiki scurried about to determine whether previous witnesses had given evidence against the wrong accused.
The confusion arose because the accused, Jacinto "Kwaito" Chilenge and Felix "Muchiwani" Machava, were seated in reverse positions while in the dock.
Chilenge, 26, was seated to Judge Fritz van Oosten's right while he should have been seated on his left side. Machava, 33, who was seated on the left, should have been on the right.
The problem was compounded by a seemingly incorrect indictment.
On the document Chilenge and Machava were listed as accused one and two, respectively. But the indictment was amended, listing Chilenge as accused two and Machava as accused one.
It was after the lunch adjournment that Chilenge and Machava were ordered to sit in their correct positions and were entered into the record as accused one and two, respectively, as they had originally appeared in the indictment.
Sergeant Elphius Mushwana, who with Warrant Officer Samson Msweli, arrested Chilenge and Machava in April last year soon after they had allegedly burgled the home of two Soweto women and raped them, was the first witness to be recalled.
He confirmed that Chilenge was accused one while Machava was accused two.
So far eight witnesses have already testified in the matter, and Judge Van Oosten ruled that they all be recalled to amend the court record.
Chilenge and Machava face 37 charges of rape, kidnapping, unlawful possession of ammunition and firearm, housebreaking with intent to rob and robbery with aggravation.
The trial continues.
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