A State witness has identified a Phoenix tavern owner in video footage as the one who gave instructions to someone to put pallets on top of the July unrest victims who had been allegedly assaulted and placed next to their burnt taxi.

The pallets were intended to aid in burning the victims alive.

The witness pointed this out during re-examination at the Durban High Court on Friday.

Four men, Ravine Naidoo, Trevor Gopal, Tyreece Govender, and Timothy Govender, are on trial for murder, two counts of attempted murder, public violence, and malicious property damage. 

Gopal, the owner of Tees Tavern, is also charged with incitement to commit public violence. 

During court proceedings, video footage introduced to the trial by the defence was played. The State witness, whose name cannot be revealed for security reasons, told the court that Gopal in the video was giving instructions.

He stated that a man in a blue T-shirt, positioned on the ground floor, received instructions from Gopal, who was upstairs with others.

He pointed out the man in a blue T-shirt, looking up at Gopal. After that, the man disappeared from the video footage and appeared again carrying pallets, which he placed on top of the victims, Njabulo Allen Dlamini, Nkosikhona Madlala, and Sandile Sambo. Next to the victims was the burnt taxi that they were driving. 

The three victims and two others had come in a taxi to Phoenix to buy from Gopal’s tavern. According to the two males and one female who alighted from the taxi and went to the tavern, they came back running. They got into their taxi, which was bearing the logo Touch Africa. 

The witness said a lot of cars came at this stage, and Gopal’s brother blocked the taxi, and its occupants were told to get out of it. He said one male and one female were able to run away, but the three others were caught by the crowd that was incited by Gopal to put the heat on black Africans coming to Phoenix. 

He reported that the victims were assaulted, with Tyreece and Timothy striking Dlamini on the head with a hammer and a rock. Dlamini later died due to blunt force head injuries. 

Before the witness gave the court this information, there had been numerous objections from the defence counsels, citing that the conduct of the State prosecutor, advocate Thabani Buthelezi, was unacceptable as he asked the witness leading questions. 

Gopal’s counsel, advocate Jimmy Howse SC, said the State was given the video footage, but it did not use it. 

“The State cannot ask questions that did not arise from the cross-examination,” Howse objected. 

He said the State was now seeking to lead evidence in re-examination, which is not allowed.

The trial continues on Monday.

nomonde.zondi@inl.co.za

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