25/10/00
6:OOPM

 THE JUDGE ADVOCATE IN THE ON-GOING TRIAL HAS ONCE AGAIN

WARNED MEMBERS OF THE COURT TO TAKE NOTE OF THE

CONTRACTION APPARENT IN THE CROWN EVIDENCE WITH REGARD

TO THE PRESENCE OF THE 12 TH ACCUSED, LANCE-CORPORAL

TS'OEU TS'UKULU AT MAKOANYANE BARRACKS ON THE MORNING OF

THE SEPTEMBER 1998.

JUSTICE BRENDAN CULLINAN, WHO IS CURRENTLY ADVISING THE

COURT ON THE FATE OF THE 37 SOLDIERS, SAID PRIVATE MAAMA

TOLD THE COURT THAT HE SAW CORPORALS LIJANE KALOKO,

TS'ELISO SEOKA AND NDABA NDABA CHATTING AT ABOUT 10.OOAM AT

MAKOANYANE BARRACKS ON THE 11TH, WHILE PRIVATE LELOKO

PHATELA HAD SAID TS'UKULU WAS THE MAN WHO WAS WITH THOSE

CORPORALS.

HE STATED THAT IN COMPARISON, PHATELA'S ACCOUNT IS MORE

TOLERABLE THAN THAT OF MAAMA BECAUSE HE WAS A MEMBER OF

PLATOON 2, WHICH TS'UKULU WAS A SECTION COMMANDER OF, AND

ALSO TESTIFIED THAT HE HAD GONE THERE WITH TS'UKULU, SO HE

COULD NOT BE MISTAKEN WITH IDENTITY.

2/ ........... WITH THE EXISTENCE......

WITH THE EXISTENCE OF THESE TWO CONFLICTING ACCOUNTS OF

CROWN WITNESS, THE JUDGE ADVOCATE INDICATED THAT IT WOULD

BE SAFER TO CONCLUDE THAT NEITHER LANCE CORPORAL NDABA

NOR TS'UKULU WERE AT MAKOANYANE SO HE COULD NOT BE

MISTAKEN WITH IDENTITY.

WITH THE EXISTENCE OF THESE TWO CONFLICTING ACCOUNTS OF

CROWN WITNESSES, THE JUDGE ADVOCATE INDICATED THAT IT

WOULD BE MORE SAFER TO CONCLUDE THAT NEITHER LANCE

CORPORAL NDABA NOR TS'UKULUWERE AT MAKOANYANE AT ABOUT

10AM AS ALLEGED BY THE TWO CROWN WITNESSES.

HE FURTHER STATED THAT THERE IS A CONFLICT BETVVEEN THE

EVIDENCE OF LT GEN MAKHULA MOSAKENG AND THE THEN

BRIGADIER THIBELI AS TO WHEN TS'UKULU CAME TO THE

COMMANDER'S OFFICE ON THAT DAY.

JUSTICE CALLUNAM SAID THE MIDST OF ALL PAINFUL EXPERIENCE OF THAT

 DAY, ONE COULD NOT EXPECT THE TWO OFFICERS TO HAVE BEEN IN A GOOD

MOOD TO KEEP EVERY TRANSACTION IN THEIR MEMORY, ESPECIALLY WITH

 REGARD TO TIME, SO THEIR FORGETFULNESS SHOULD BE EXCUSED.

3/........THE JUDGE ADVOCATE............

THE JUDGE ADVOCATE FURTHER WARNED THE COURT OF THE

DANGER INHERENT IN THE EVIDENCE OF THE SIX ACCOMPLICE

WITNESSES WHO IMPLICATED TS'UKULU, WHO NAY WISH TO

IMPLICATE AN INNOCENT ACCUSED, NEVERTHELESS SHOWING THEM

THAT THEIR TESTIMONIES IS CORROBORATED BY THAT OF OTHER

EIGHT CROVVN  VVITNESSES. THE TRIAL PROCEEDS.