Bank statements were produced in court today, Tuesday 8 November, in a bail hearing where the applicant's alibi could be the deciding factor. In a bid for bail is Thembani "Zion Eyes" Onceya, the fifth suspect to be arrested in connection with the gruesome murder of Grahamstown man Thembelani Qwakanisa, 29. Qwakanisa's body was recovered from Zion Dam in Extension 6 last month.
Bank statements were produced in court today, Tuesday 8 November, in a bail hearing where the applicant's alibi could be the deciding factor. In a bid for bail is Thembani "Zion Eyes" Onceya, the fifth suspect to be arrested in connection with the gruesome murder of Grahamstown man Thembelani Qwakanisa, 29. Qwakanisa's body was recovered from Zion Dam in Extension 6 last month.
Onceya is a Rhodes University student who has been actively involved in issues affecting students on the campus, as well as with broader national and international social causes. His co-accused Akhona Onceya and Simakele Onceya, Siviwe Gqotholo and Mzwanele Mali did not apply for bail.
Last week state prosecutor Lyle Prins appealed to the court to allow the state to re-open its case and produce new crucial evidence.
The bid was challenged by Basil Williams who is representing Onceya in the bail application.
Williams argued that the state had ample time to produce evidence relating to Onceya's alibi because Onceya had made it known to the court from the beginning of the case.
Williams said the state appeared to be doing damage control.
After the state was granted an opportunity by Figlan to open the case Prins introduced new evidence pertaining to transactions allegedly made by Onceya in Joza on the two days on which he testified he was at Rhodes University.
Prins last week told the court that the bank in question had been asked to provide statements which would serve as evidence that Onceya used his debit cards to buy liquor at a tavern in Extension 9 on 2 October at 1.36pm and at another tavern in Extension 3 on 3 October at 11.53am.
In his testimony during his bail application Onceya said he had left his Extension 9 home on 1 October between 8 and 9am to return to campus.
In court today Prins told the court that he was in possession of the bank statements.
Today the defence called one final witness for the bail application to clear up confusion around an alternative address they had produced.
In court last week, investigating officer Detective Warrant Officer John Manzana went to Port Alfred to confirm the second address provided by Onceya, but couldn't find it.
Manzana told the court that the street existed but that he couldn't find the number.
Manzana had been given a cellphone number to call should he struggle to find the address; however, he told the court that he hadn't called the number because it didn't have a name written next to it.
Williams called Nompumelelo Nxakana, Onceya's aunt, to testify about the alternative address. Nxakana confirmed in court that the name of the street did exist, but that she'd made a mistake with one of the numbers they'd given to Manzana.
Nxakana said Manzana had called her on Friday to ask her for the address and she had offered to take him to it. Nxakana said Manzana had asked her why she couldn't just let the accused remain in custody.
In his argument Williams said this was tantamount to sabotage.
In his closing argument, Prins said the state had provided bank statements as they had promised. He said the bank statements placed Onceya in Joza on 2 and 3 October, adding that there were eyewitnesses who corroborated the 2 October transaction.
Last week Manzana told the court that the state would bring two witnesses who saw Onceya buying liquor in the Extension 9 tavern.
Williams said the state could not prove that Onceya's card was used by him on 3 October because they did not have witnesses who would testify to it.
In his closing arguments Williams also raised the point that the state did not know the deceased's time of death, because it was not on the post-mortem report. Williams requested the charge sheet from Figlan and pointed out that according to it, the incident happened on 5 October; however, the state now said Qwakanisa had been tortured on 2 October.
Prins appealed to Figlan to have the bail application finalised by tomorrow, making reference to the members of the public who had been coming to court religiously from the start.
He said he was sure the defence was also eager to see the conclusion of the bail application.
Figlan postponed the bail application for judgment to tomorrow, 9 November.
anele@grocotts.co.za
