Police officers Mayendran Chetty and Vincent Phelago are facing four counts of murder.
Image: Tumi Pakkies / Independent Newspapers
FORMER constable Mayendran Chetty's cellphone records are dismissed as unreliable in a murder trial, raising questions about his alibi during a night of violence in Umkhomazi.
According to the prosecution, the records do not confirm Chetty's whereabouts on the day three men were shot dead in Umkhomazi on August 22, 2022.
Chetty, currently testifying, presented cellphone records from a number not registered to him, aiming to prove he was at home watching a Liverpool game on the fateful night.
On Thursday morning, Chetty told the Durban Regional Court that these records would reveal his true location, effectively denying that he was on a killing spree with former sergeant Vincent Phelago.
The duo from Umkomaas police station are alleged to have killed Nhlonipho Nzimande, Pilayelo Sydney Buthelezi, and Mqapheli Victor Cele on August 22 and the early hours of August 23, 2022, as well as eThekwini ANC councillor Mnqobi Molefe in September 2022.
During cross-examination, State prosecutor advocate Nhlanhla Shange questioned Chetty about the cellphone numbers he uses, to which Chetty replied that he has two smartphones: a Huawei P20 and a Samsung, both dual sim and two numbers: a Cell C 061 number and an MTN 078 number.
Chetty explained that he switched his SIM cards between the phones, noting that the Huawei had battery issues but was his preferred device, while the Samsung was more reliable. He said on some instances, he would leave the Samsung at home.
Crucially, he conceded that the Cell C number was not registered in his name, though he used it, while the MTN number was registered to him.
When asked if he knew it was illegal to use an unregistered SIM card, the former police officer said: “I didn’t know that it’s fraud to use a number not registered to my name.”
Chetty provided a detailed account of August 22, stating that he visited Pavilion Mall with a friend during the day and returned home later to watch a soccer game that night.
However, Shange pointed out that cellphone records for the Cell C number, which Chetty presented, contradicted his testimony by showing the phone was active at home for the entire day.
“This is in contrast with your evidence here in court. See that phone was active while you were not there?” Shange asked, instructing Chetty to look at the records. Chetty maintained that he had returned home.
Shange further challenged Chetty, asserting that his MTN number was being used far from his home's cell tower.
“The point is you cannot say on the night you were at home using these cellphone records. I will argue that it’s just a document reflecting numbers,” Shange put to Chetty, implying the records were insufficient to prove his alibi.
The prosecutor then questioned why Chetty had not produced the cellphone records for the MTN number, which was registered in his name.
Chetty placed the responsibility on the State, arguing: “The State took my phone, why didn’t they give me that information. If the State had given me the information, I would have used it. I have nothing to hide and nothing to fear.”
The trial continues.