No bail for Pitch Black Afro as he changes tune on late wife's injuries
Musician Pitch Black Afro, real name Thulani Ngcobo, has been remanded in custody once again pending judgment on his bail hearing.
In his initial affidavit, Ngcobo admitted to assaulting his wife Trisha Modisane but made a U-turn in his supplementary affidavit submitted to the court on Thursday, claiming that she came home with her injuries. The court was shown pictures of her injured body.
His defence attorney Meshack Maluleke said Ngcobo was unduly influenced into admitting that he assaulted her. Earlier, prosecutor Mzamo Mathe applied for evidence of Modisane's body to be presented in private.
The pictures were only presented to court on Thursday in a bid to stop the rapper from being granted bail. Mathe said the pictures showing extensive injuries to her head and upper torso would cause unnecessary harm to Modisane's family and the public.
Magistrate Paul du Plessis was initially opposed to the request but agreed after the defence said they were not opposed to the request. "Evidence must first be done in camera then it can be decided not to be done in public," said Du Plessis.
After viewing the pictures, Du Plessis said Modisane's physical wounds and injuries are clear.
"Only two people in the room, and one ended up deceased,. How does a person get such graphic injuries?" he asked.
Defence attorney Meshack Maluleke attempted to punch holes in the state's argument. He said the state has no proof that the unnatural death of Modisane was caused by murder.
"It is an assumption or speculation by the state that murder is the only possible cause," Maluleke said.
Du Plessis said that would be an argument that must be made on trial and not at a bail hearing. He further added that he could not make judgments on whether admissions made by the accused to the previous magistrate were admissible or not.
"The killing of another person by another is unlawful unless there are certain exceptions."
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