Defence lawyer Riaan Greyling disputed the State’s allegations of premeditated murder and defeating the ends of justice against Ngcobo yesterday in the South Gauteng High Court.
Greyling argued the State’s case for premeditated murder was over-streched and the death of Ngcobo’s wife, Catherine Modisane, was merely a tragic accident.
He stated that she was drunk and “difficult” and could have easily fallen, obtaining the bruising to her thighs and legs.
“The accused was drunk and retaliated in the heat of the moment when the deceased was being aggressive. There is no evidence that he foresaw killing the deceased,” argued Greyling.
On the charge of defeating the ends of justice, the defence argued the officer’s statement was cloudy and did not corroborate with what he said when he was cross-examined.
“The officer said the towel was hidden the first time they went to the scene. However, in his cross-examination he said it was found on the floor between the bed and the wall.”
Greyling argued that the towel found between the bed and wall could have fallen there when Catherine fell asleep and that does not mean Ngcobo tried to hide it.
Judge AJ du Plessis listened to Greyling’s argument that Ngcobo could not have foreseen killing his wife before placing his response.
“The pathologist ruled it improbable the extent of the injuries to have been from just a fall and the pathologist noted it was a violent collision to her head that caused her death.
“It was found that Ngcobo was not intoxicated to a point where he did not know what was going on around him or he could not control himself.
“The previous confession of Ngcobo stating he did push his wife against a wall confirms the probability of this being the cause of her head injury,” Judge du Plessis said.
The State had no evidence the deceased hit her head against the wall except for the confession by the accused, and the red spots on the running shoes were also not tested for blood or confirmed if they belonged to Ngcobo.
State prosecutor Matshiliso Moleko stood by her claim that Ngcobo did in fact have malicious intent that night towards his wife and he should be charged with premeditated murder.
Judgment will take place next week.
An optimistic Ngcobo, when the court adjourned, told his mother he’d be home next week.
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