Bokgabo Poo murder: Pointing out process is inadmissible evidence

The evidence of Bokgabo Poo murder accused Ntokozo Zikhali's involvement in a pointing out process has been ruled inadmissible.

Judge Ian Cox on Thursday found though the accused's rights were read out to him during his arrest, he was satisfied police may not have adequately warned him that participating in a pointing out process is not obligatory. 

Zikhali, 30, is on trial in the Pretoria high court sitting in Benoni for kidnap, rape, murder, violation of a corpse and obstruction of justice. He has pleaded not guilty. He is also charged with rape of a 9-year-old girl, to which he has pleaded guilty.

Four-year-old Poo, from Wattville, Ekurhuleni, was last seen at Masoleng Park where she was playing with a friend on October 10. Grainy CCTV footage depicted her merrily skipping along next to Zikhali.

The next day, a 63-year-old woman was sweeping her yard when she found the leg of a child in a shallow grave. About 800m away, more body parts were found in a section of open veld. 

Her parents pleaded in vain for the rest of her missing body parts to be recovered before the funeral three weeks after her death.

Zikhali's testimony on Wednesday that he was beaten by police in October last year triggered a trial within trial. He alleges he was assaulted, his rights were not fully read out to him and he was not warned that undertaking a pointing out of body parts could be self-incriminatory.

That a pointing out was done is not in dispute.

The accused claimed that to avoid further assault and threats, he gave police wrong addresses while undertaking the pointing out.

When the judgment on the pointing out evidence was handed down, Zikhali had his face down. His hair was shaved for the first time and he wore his usual grey jersey and red T-shirt.

The judge said Zikhali was a poor witness on his assault allegations because though only a few police officers handled him, he could not identify them.

“It’s impossible not to know who assaulted him because there were only two policemen with him in the police vehicle.

“I cannot [determine] that he was assaulted as alleged.

“I’m satisfied [some of his] rights were read out to him,” said Cox.

However, it is within the accused’s constitutional rights to be warned that a pointing out is not obligatory.

“The evidence is therefore inadmissible,” he said.

During Wednesday's cross-examination on the manner in which he was treated during his arrest, the court heard Zikhali gave police four addresses “which had negative outcomes”.

He said he had done so because of “the pressure that was on me. I couldn’t bear the beating.”

The trial continues.

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