Max
06-11-2003, 12:11 PM
Lydia's horrific injuries described
By Wendy Sa Joe
BISHO -- Members of the gallery in the high court here yesterday, listened in shock to a district surgeon describe the injuries sustained by 20-year-old Lydia Mankwente, who was allegedly abducted, raped and murdered in Mdantsane last year.
The Mdantsane pupil's body was discovered near a dumpsite on September 4 last year with severe cuts, bruises and broken bones.
She was apparently forced into a car by her attackers before allegedly being savagely assaulted.
Mdantsane mortuary district surgeon Dr Dominic John told the court yesterday that he examined Mankwente's body, which was naked except for a pair of green socks, on September 5.
The four accused -- Simphiwe Nivathi, 18, Nqaba Mabhoza, 20, Vusumzi Msuthu, 18, and a 17-year-old -- were quite reserved throughout the day's proceedings.
Nivathi listened intently, while Mabhoza bit his nails.
Msuthu kept his head bowed for most of the proceedings.
But as members of the gallery left the courtroom, the Daily Dispatch noticed the 17-year-old pointing at Mankwente's father, Wilson, in an apparent "watch out" gesture.
The accused are facing charges of murder, rape, robbery with aggravating circumstances and kidnapping.
John reported in his post mortem that Mankwente's body was covered with mud and blood stains.
Injuries listed in his report included extreme facial injuries.
Extensive damage was also done to scalp tissue and the skull cap was "fragmented". The gruesome report said "brain matter" was escaping.
The district surgeon said her private parts were lacerated and stained with blood and her pelvis fractured.
Mankwente's spinal column was dislocated and the spinal cord was almost cut through.
"The vaginal injuries were not an indication of rape ... but I cannot exclude the possibility of rape," John said.
He explained that some of Mankwente's injuries were inflicted at the time of her death and there was not much time between each injury.
"It happened quickly".
John said: "There were grazed abrasions on the right breast and leg -- this can be produced by dragging or a motor vehicle accident."
*A trial-within-a-trial was concluded yesterday after state advocate Frans Kruger called on Peddie magistrate Jeffrey Fritz.
The court needed to determine whether the record of the bail proceedings held at Peddie on January 8, 9 and 10 would form part of the record of the main trial.
Nivathi's attorney, Hashmooglal Lalla, had disputed that Nivathi was warned or informed of his rights.
Msuthu and the 17-year-old could not recall whether they had been warned or informed of their rights.
Mabhoza did not object to the handing in of the bail record.
During judgment, Judge Yusuf Ebrahim said the relevant section of bail proceedings reflected that all the accused had been informed of the relevant provisions.
"In his testimony Mr Fritz substantiated what he recorded in the bail proceedings. His evidence corroborates that what he recorded transpired at the bail proceedings and stands completely uncontested," Ebrahim stated.
"It is clear furthermore the accused understood the provisions which were conveyed to them.
"In the circumstances the record of the bail proceedings which took place in the magistrate's court in Peddie shall be admitted to form part of these trial proceedings and the evidence therein shall form part of the evidence in this trial."
All four accused were remanded until today.
By Wendy Sa Joe
BISHO -- Members of the gallery in the high court here yesterday, listened in shock to a district surgeon describe the injuries sustained by 20-year-old Lydia Mankwente, who was allegedly abducted, raped and murdered in Mdantsane last year.
The Mdantsane pupil's body was discovered near a dumpsite on September 4 last year with severe cuts, bruises and broken bones.
She was apparently forced into a car by her attackers before allegedly being savagely assaulted.
Mdantsane mortuary district surgeon Dr Dominic John told the court yesterday that he examined Mankwente's body, which was naked except for a pair of green socks, on September 5.
The four accused -- Simphiwe Nivathi, 18, Nqaba Mabhoza, 20, Vusumzi Msuthu, 18, and a 17-year-old -- were quite reserved throughout the day's proceedings.
Nivathi listened intently, while Mabhoza bit his nails.
Msuthu kept his head bowed for most of the proceedings.
But as members of the gallery left the courtroom, the Daily Dispatch noticed the 17-year-old pointing at Mankwente's father, Wilson, in an apparent "watch out" gesture.
The accused are facing charges of murder, rape, robbery with aggravating circumstances and kidnapping.
John reported in his post mortem that Mankwente's body was covered with mud and blood stains.
Injuries listed in his report included extreme facial injuries.
Extensive damage was also done to scalp tissue and the skull cap was "fragmented". The gruesome report said "brain matter" was escaping.
The district surgeon said her private parts were lacerated and stained with blood and her pelvis fractured.
Mankwente's spinal column was dislocated and the spinal cord was almost cut through.
"The vaginal injuries were not an indication of rape ... but I cannot exclude the possibility of rape," John said.
He explained that some of Mankwente's injuries were inflicted at the time of her death and there was not much time between each injury.
"It happened quickly".
John said: "There were grazed abrasions on the right breast and leg -- this can be produced by dragging or a motor vehicle accident."
*A trial-within-a-trial was concluded yesterday after state advocate Frans Kruger called on Peddie magistrate Jeffrey Fritz.
The court needed to determine whether the record of the bail proceedings held at Peddie on January 8, 9 and 10 would form part of the record of the main trial.
Nivathi's attorney, Hashmooglal Lalla, had disputed that Nivathi was warned or informed of his rights.
Msuthu and the 17-year-old could not recall whether they had been warned or informed of their rights.
Mabhoza did not object to the handing in of the bail record.
During judgment, Judge Yusuf Ebrahim said the relevant section of bail proceedings reflected that all the accused had been informed of the relevant provisions.
"In his testimony Mr Fritz substantiated what he recorded in the bail proceedings. His evidence corroborates that what he recorded transpired at the bail proceedings and stands completely uncontested," Ebrahim stated.
"It is clear furthermore the accused understood the provisions which were conveyed to them.
"In the circumstances the record of the bail proceedings which took place in the magistrate's court in Peddie shall be admitted to form part of these trial proceedings and the evidence therein shall form part of the evidence in this trial."
All four accused were remanded until today.