Cop spoke to minor without consent

A policeman admitted on Monday that he had a conversation with the minor accused of murdering rightwing leader Eugene Terre’Blanche without his parents' consent.

Constable Peter Modise told the High Court sitting in Ventersdorp that the then 15-year-old was not read his rights.

He was made to strip down to his underpants at the local police station without the knowledge of his parents. The teenager was given a blanket to cover up.

Modise, who had been a detective for three years, was not aware of the Child Justice Act at the time.

It came into effect a few days before the Afrikaner Weerstandsbeweging (AWB) leader was beaten and hacked to death in his farmhouse in North West in April last year.

Modise said he spoke to the minor on the night of the crime.

He and his co-accused Chris Mahlangu, 28, were seated in the back of a police van outside the farmhouse.

“Accused two (the minor) told me they had a fight with Mr Terre'Blanche about their salary and that during the fight they managed to overpower him.

“After realising he was dead, they rushed to the neighbouring farm to (get a phone to) report to police what happened on the farm.”

Modise said accused number two claimed to be 16 that night.

The minor’s attorney, Norman Arendse, accused Modise of lying and said his client denied the policeman's submissions.

“I put to you that none of the accused spoke to you and said they killed Mr Terre'Blanche over a salary. You are making up stories.

“You are getting a Pinocchio’s nose.”

The court heard that only two pairs of gloves were available on the crime scene. Paramedic Robert van Heerden used one pair, and the other was used by Modise.

Police procedure requires that police officers wear gloves on crime scenes so they do not contaminate evidence.

Arendse questioned Modise on whether his colleagues Sergeant Jack Ramonyane and Constable Solomon Londt entered the house with gloves.

“I cannot answer that for them,” he said.

Arendse replied: “You know OJ Simpson was acquitted because of a glove.”

“I remember that,” said Modise.

Last week, when Ramonyane and Londt testified, they did not say whether they wore gloves.

Modise admitted that his testimony was not included in his police statement and said this was because his superior had not asked for it.

He said he was only asked to provide certain information on clothing he had bagged as evidence.

“As I said before, the investigating officer - Captain Tsietsi Mano - did not ask about the scene or what the accused said to me. He wanted to know about the entries I made about the clothing.”

Asked Arendse: “Do you agree that important pieces of information were not recorded in your statement?”

“Yes, I agree,” said the constable.

Modise did not think his conversation with the teenager was important enough to write in his statement.

The evidence he gave in court was also not written in his pocket book, which he had used on the night of the crime to jot down information.

Modise denied suggestions that he was coached by Mano on what to say and write, but admitted to making mistakes in his statement.

He said he submitted his police statement two days after the crime.

Mano had told him that Prosecutor George Baloyi had queries on his statement, so he submitted a second one on the queries.

The defence requested that the second statement be made available to them, but the State said it had no knowledge of it.

Said Arendse: “I think you are one of those witnesses who makes themselves appear more important than they really are.”

The advocate said there were contradictions as to when the clothes were taken.

Initially, Modise said the clothes were taken at the crime scene, but he later said they were taken at the police station.

Arendse said the minor’s white boots, which were sent for analysis, had no blood on them, despite Modise’s testimony that he saw “something” which appeared to be blood on the boots.

Modise said it had been dark and he had been using a torch to see.

Inside the house, Modise saw a broken window and broken pieces of glass on the floor.

He saw a sharp object on Terre’Blanche’s chest, a dog near the bed, and blood on the walls and bed.

Mahlangu and the minor have pleaded not guilty to murder, housebreaking, attempted robbery with aggravating circumstances.

Mahlangu claims he acted in self defence. The 16-year-old has denied involvement in the murder. - Sapa