The defence in a trial of four men accused of inciting violence in Phoenix during the July 2021 civil unrest has told a State witness that the evidence he has given to the Durban High Court and the police is false. 

This was put to Anard Chetty, a State witness, on Friday morning at the Durban High Court.

Chetty had told the court earlier this week that on the night of July 11, 2021, he saw and heard the owner of Tees tavern, Trevor Gopal, inciting violence on black Africans, by saying ‘We must put the heat on ‘darkie ous’ must be put before they put it on them.’ 

Gopal is the second accused in this matter, charged with incitement to commit public violence.

On other charges, murder, two counts of attempted murder, malicious damage to property, and public violence, he is charged with Ravine Naidoo, Tyreece Govender, and Timothy Govender. 

During the cross-examination by Gopal’s counsel, Advocate Jimmy Howse SC, he referred Chetty to his three witness statements that he had made to the police. 

In the three statements, he asked Chetty why he never mentioned that Gopal had first uttered that the heat on ‘darkie ous’ must be put before they put it on them on July 11. 

He said even the charge of inciting violence is dated July 12. 

“I have made it clear to the police and prosecution that these words were uttered on 11 July and on 12 July,” Chetty said. 

When Howse first asked him about this, based on the first statement he made on August 22, 2021, he said he did not go into detail when he made it. 

“I outlined the gist of what happened. Because I felt that if I were to spill the beans, I was going to need protection. I wanted the police to know the basis of what happened,” Chetty said. 

He also said that after he made his statements, he did not read them word for word but browsed. When Howse asked him why he did not correct his statement regarding the dates, he said he made it clear to the police and the prosecution that the words were uttered on July 11 and 12. 

“The strangest thing is that in all the witness statements, you mention July 12, and in your evidence-in-chief, you mention July 11 and do not mention July 12. Why is that?” Howse asked. 

Chetty said Gopal uttered the words on July 11, and on July 12, he repeated them before the victims, Njabulo Allen Dlamini, Nkosikhona Madlala, and Sandile Colin Sambo were assaulted and their taxi was burnt. 

“If I never said it accordingly, I made a mistake; it’s human error,” he said. 

However, Howse pointed out the inconsistencies and said Chetty’s evidence was false. 

“That is the defence point of view. You can say what you like, Sir. I was present, I never heard from anybody,” Chetty said. 

This week, the court learned that the three victims had come with two other people, a female and a male, and they all arrived in a taxi at Tees Tavern.

According to Chetty, the victims had come to buy alcohol as Gopal sold it illegally, as there were Covid-19 lockdown restrictions. 

Chetty told the court that Dlamini was hit in the head by Tyreece with a big rock, and Timothy beat him with a hammer on the head. 

The State alleges that Dlamini later died in hospital as a result of blunt force head injuries. Sambo and Madlala survived.

The trial continues. 

nomonde.zondi@inl.co.za

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