DURBAN - A STATE pathologist on Thursday stood by his post-mortem finding that Mondli Majola was shot during the unrest in Phoenix in July.
The initial post-mortem, conducted on July 12, found that Majola had died from stab wounds. However, the State disagreed with this finding, so they had Majola’s body exhumed for a second post-mortem on October 13.
Brothers Dylan and Ned Govender, who face charges of attempted murder and murder, are applying for bail in the Verulam Magistrate’s Court. They were arrested on July 22. The State claimed the men acted in common purpose during an attack on five people walking on Palmview Drive in Phoenix. During the attack, Majola was killed.
The court on Wednesday viewed CCTV footage of the incident. Detectives alleged that Dylan shot Majola in the head, which Dylan denied. Defence attorney Carl van der Merwe and advocate Christo van Schalkwyk SC have disputed the new post-mortem results.
Magistrate Irfaan Khalil called for evidence to be provided from medical practitioners during Thursday’s hearing.
State pathologist Dr Sibusiso Ntsele said he stood by his post-mortem findings that the cause of death was a gunshot wound to the head and a penetrating incised wound to the right thigh. He testified that there were entry and exit wounds to either side of the jaw, and that the body had mild decomposition features consistent with the first post-mortem.
“I discussed the matter with the previous doctor, viewed CCTV footage of the incident and saw pictures of the crime scene before exhumation of the body. After viewing the footage and seeing the post-mortem results, it was discussed that it made no mention of a firearm-related injury. I had done the post-mortem with an open and objective mind,” Ntsele testified.
Representing Ned Govender, Van der Merwe said the police had formed a hypothesis that Majola was shot in the face. He said a bullet fired from a Smith & Wesson .40 calibre firearm would have caused considerable damage to Majola.
Also disputed was whether Majola was struck with the butt of the gun.
Van Schalkwyk said the defence team was not given access to pictures from the post-mortems to give them an opportunity to cross-examine the doctor. He said he felt evidence was being withheld from the team.
The defence called specialist forensic analyst Dr Sagren Naidoo. Looking at the crime scene photo album and comparing post-mortem results, he said Majola did not have a gunshot wound.
“The photographs showed a lack of a large blood collection on the ground or grass. There were spots of blood on his T-shirt. No evidence of bleeding from the mouth or nostrils,” Naidoo testified.
He said the court was at the mercy of the State pathologist's report. He was also concerned over why none of the post-mortem pictures were made available.
He will continue to be cross-examined on Tuesday.
Nine other Phoenix men appeared in the Verulam Magistrate’s Court on Monday for the continuation of their bail application - Yubandra Govender, Rinesh Mohan, Mehmood Khan, McKallen Govender, Sholan Reddy, Kirosh Maharaj, Sumeeth Maharaj, Khalil Mohammed and Christopher Pillay.
The men face charges of murder, attempted murder, robbery with aggravating circumstances and public violence. The murder charge relates to the death of a man who was captured on CCTV footage fleeing from a mob at a garage in Northern Drive, Phoenix. He subsequently died.
The bail application continues on Thursday.
Daily News