THE state has argued that pig farm double murder accused Zacariah Olivier (61) can't claim his constitutional rights were violated after he signed a confession statement and confirmed that his legal rights had been explained to him.
The state also argued that a pro forma completed before the confession was taken confirms Olivier was informed of his constitutional rights before signing the Section 217 statement.
The argument was made during a nearly four-hour cross-examination in the Polokwane High Court on Tuesday, 7 July, where a trial-within-a-trial is being held to determine whether Olivier's alleged confession can be admitted as evidence in the main murder trial.
State prosecutor Advocate George Sekhukhune told the court that Olivier made the confession before Lieutenant-Colonel Simon Mafukaduvha shortly after his arrest at the Botlokwa Police Station.
Sekhukhune stated that Olivier's constitutional rights had also been explained to him.
Lieutenant-Colonel Mafukaduvha, is among the police officers who have already testified that Olivier made the confession freely and voluntarily, and that no threats, promises or undue influence were used to obtain the statement.
During cross-examination, Sekhukhune asked Olivier whether the signatures appearing on the confession statement belonged to him. "Yes," Olivier replied.
The prosecutor then read from the pro forma, which indicated that Olivier had confirmed his rights were explained to him before and after the statement was taken, and that no promises or favours had been made to him.
Olivier again answered: "Yes."
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Sekhukhune argued that Olivier's constitutional rights weren't infringed because he signed the statement after acknowledging that he understood his legal rights.
But Olivier stood by his version, insisting the process was unfair because the statement was taken without his legal representatives present.
"The statement wasn't supposed to happen. My lawyer was not present," Olivier told the court.
He claimed investigating officer Captain Phaladi Makola persuaded him to make the statement by allegedly promising that his two co-accused, Rodulph De Wet and William Musora, would be released and that he'd receive a lighter sentence.
"I was emotional, tired and just wanted it to be over," Olivier said.
The case was postponed to Wednesday, 8 July, for the continuation of the trial-within-a-trial.
Presiding Judge Ngobeni urged both the state and the defence to prepare their heads of argument to help speed up the proceedings.
Olivier and his co-accused, William Mosura, remain in custody.
