“The investigating officer informs me that the notes were destroyed after the statement was made, therefore, the notes are not available,” he said.“The only thing I found was the statement that I rectified,” the witness said.
Baloyi told the court that Zungu’s cross-examination should continue on the basis of his statement and anything else will be subject to the credibility findings of his testimony. “We had an opportunity to go and have a listen, to hear what the records insofar as Mr Zungu’s testimony on this aspect of the inquiry is concerned. I may say without any fear of self-contradiction that what we have been maintaining is confirmed by what it is stated in the record.
He said the defence believed “there’s a conflict of interest” and “discrepancies” on the typed version of the statement. The judge said he did not believe Baloyi would risk his entire career by not providing the court with any information pertaining to the case.
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