The High Court has on Wednesday reserved its decision in a case in which Qamo Matela, is charged with the murder of his wife Mahlompho Matela, born Rethabile Mofolo and will deliver it on 16th August 2023.     

This was after both the prosecution and defence lawyers addressed the court, in the trial within trial following leading of evidence and closure of each of their cases.  

The trial within trial was held following arguments on admissibility of an admission made by the accused, in relation to the death of his wife while in police custody at the Mabote Police Station. The process is intended to establish the admissibility of the admission as the defence insist that it was not made freely and voluntarily because the accused was under duress.

When addressing the court, legal representative for the prosecution Advocate Peleha Joala stated that there are contradictions in the accused's version of what transpired at the police station.

He pointed out that inconsistency and contradictions are material in determining whether one's version is reasonably possibly true. He said the statement made by the accused before the police was freely and voluntarily, asking the court to find that an informal admission is admissible and thus admit the statement made by the accused.     

The accused is charged with contravention of section 40 (1) of Penal Code Act No.6 of 2010, read with section 40 (2) thereof by causing the death of the deceased on September 11, 2021.