State's case has holes, Wisani tells judge

Patrick Wisani has asked to be cleared of the murder, assault and intimidation charges against him during closing arguments in court.

Johannesburg - Patrick Wisani has asked to be cleared of the murder, assault and intimidation charges against him.

The former ANC Youth League leader, who is representing himself, accused the State of having gaps in its evidence.

Closing arguments were heard in the high court sitting in Randburg on Friday.

Wisani allegedly beat his girlfriend, Nosipho Mandleleni, to death with a sjambok and a broomstick in September last year.

In May, he reportedly intimidated and assaulted Nosipho’s twin sister Siphokazi and her friend, Wisani’s ex-girlfriend, Zimbini Mathibe.

He allegedly told Siphokazi that he would kill her “like he killed her sister... if she testified against him in the murder trial.

“(There are) gaps the State left out in presenting their evidence... I feel that it was intentionally done,” he told the court.

Wisani maintained that the State had failed to obtain the full transcript of the previous trial - which was cut short when Judge André Louw recused himself.

He also said Nosipho’s blood alcohol level had not been determined during the post-mortem, no fingerprints had been taken from the murder weapons, and that the State had failed to call certain witnesses.

Judge Mahomed Ismail explained to Wisani that it wasn’t necessary for the State to fill all the holes in the puzzle.

“To prove beyond reasonable doubt does not mean the State must close every gap that exists, but that the evidence to any rational-thinking person is of such a high quality or calibre or probability that it can be accepted,” he said.

Wisani questioned the credibility of some of the State witnesses, adding that the State had based its case on circumstantial evidence.

He then tried to convince the court that he had loved and cared for Nosipho, which he said was evident when he bought her two pairs of shoes in the week preceding her murder.

Judge Ismail raised questions about the credibility of Wisani’s witnesses and their references to time - a crucial element in this case, especially in terms of Wisani’s alibis on the two nights in question.

Wisani told the court on a previous occasion that Siphokazi, Mathibe and other witnesses had fabricated the events which allegedly happened in May as well as some of the events on the day of the murder.

gabi.falanga@inl.co.za

@Gabi_Falanga

The Star