A senior Hawks investigator has told the Lusikisiki massacre trial he took careful steps to ensure the suspects fully understood the consequences of making confession statements.
Lieutenant-Colonel Zwelenkosi Diko told the Mthatha high court sitting in Lusikisiki that his experience in taking confessions had taught him to thoroughly explain the process to suspects before recording any statements.
Diko said before completing any official forms, including the pro forma document, he would explain the procedure, confirm suspects had been informed of their constitutional rights and outline the legal implications of making a confession.
“After explaining the processes, I write down in my own diary what we have done and summarise the explanation, and we both append our signatures in my diary,” he said.
“I do this since I have years’ experience of taking confessions … so suspects in the middle of filling in the forms cannot say they did not know certain things or claim to the court they did not know what was meant by a confession.”
Diko’s testimony relates to the statement allegedly made by Bonga Hintsa, one of six men accused of the September 2024 mass shooting in Ngobozana village near Lusikisiki.
He told the court Hintsa made the confession at the Hawks’ York Road offices in Mthatha on October 17 that year.
“The consequences of confessing were explained to him and he was warned that the information might be used as evidence,” Diko said.
“I advised him of his legal right that he could, if he wished, have a legal representative present while making the confession, but he said he did not want a legal representative.”
Judge Richard Brooks said Diko’s experience appeared to have influenced his approach.
“That experience has come to help you to deal with this situation,” Brooks said.
However, defence attorney Zama Somahele disputed the circumstances under which the confession was taken.
While Hintsa acknowledged signing both the pro forma document and the entry in Diko’s diary, Somahele said his client denied that the initials “BH” were his, claiming he normally used “HB”.
“My client also confirmed that was his signature, but said he signed without knowing the content of either the diary remarks or the pro forma,” Somahele told the court.
“He signed without knowing because you threatened him that you know how to deal with scoundrels like him.”
Diko rejected the allegation.
“He is misleading the court,” he said, insisting Hintsa had been in his “sober senses” and had not been assaulted, threatened or promised anything to induce the confession.
Six men face charges related to the attack, in which gunmen killed 18 people — including 15 women, a 13-year-old boy and two men — at neighbouring homesteads belonging to sisters Mary Sinqina and Nancy Sinqina-Mhatu on September 28 2024.
All six accused have pleaded not guilty.
Three of them — Hintsa, Aphiwe Ndende and Siphosoxolo Myekethe — initially made confessions but are now challenging their admissibility, claiming they were beaten, threatened and tortured.
The trial continues.
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