Inside Tshegofatso Pule’s murder trial this week: What transpired?

A close wrap for the continuous Tshegofatso Pule’s murder trial this week, saw witnesses take to the dock to be cross-examined over the grist for the gossip mill ‘cellphone records’.

This follows the alleged mastermind behind the killing of Tshegofatso Pule in June 2020.  

The then boyfriend of Pule, Ntuthuko Shoba was found to have carried out the hit on the murder of the heavily pregnant Pule, who was eight months pregnant at that time.

The convicted killer Muzikayise Malephane spilled the beans shortly after he was sentenced to 20-years imprisonment in February 2021 for murder.

He pleaded guilty and revealed that Shoba machinated a hit on his mistress.

Giving his testimony, Malephane said Shoba used two different numbers, and with the other number starting with “081” he used it to call him before they met to finalise the plan to assassinate Pule, however, Shoba, had denied knowing the number.

This cellphone saga has left the court hanging in the rope as more evidence and testimonies were needed to find calls and texts records that culminated into the murder of Pule.

However, Shoba who faces charges of one count of murder and defeating the ends of justice, has strongly affirmed he is not guilty to all the charges pinned on him.

It is in this call where the state had to call witnesses to the stand, this includes of the cellphone expert from the South African Police Service warrant officer Andries van Tonder, an investigation officer who led the case Mpe Teme and Vodacom’s forensic liaison manager Petro Heyneke.

Shoba’s legal team came in defence on the trial as they questioned a member of the police investigating team on why he arrested Shoba without substantial evidence that he could orchestrated the killing of Pule, as there were “Absent texts” as quoted by Shoba’s lawyer advocate Norman Makhubela.

Teme, who is the detective officer at Rooderport Police Station had faced an enormous task to explain why he arrested Shiba, without getting his facts correct.

Day Two of the second week of the murder trial:

Starting off the week with the first witness on 1 February, Van Tonder gave his testimony where he had to unpack his data analysis pertaining two separate numbers that were vital to the investigation, more especially to detail communication between Pule and Shoba on the day she disappeared.

The warrant officer’s testimony revealed that the deceased was at the alleged mastermind’s house on the evening she was assassinated.

Van Tonder told the court that based on the analysis he conducted on the night Pule was killed, he discovered that there was no activity registered on Pule’s cellphone in that evening from 6:44pm and 10:17pm.

According to his records, it also reveals that Pule’s cellphone was around the area of Shoba’s home in Florida, Roodepoort, and the last text she received was at 18:42.

To what confused the court, Shoba previously denied that that Pule was inactive between the addressed timeslots, as he claimed that Pule’s phone was active and that she requested an Uber, moreover, Shoba said that Pule even texted her.

The day had to be adjourned after Makhubela asked for adjournment, following Van Tonder’s testimony, as he claimed that he needed to do more consults, he aborted his cross-examination.

Day Three of the second week of the trial:

The High Court continued with the hearing on Wednesday, 2 February, where Van Tonder returned to the stand and was cross-examined to testify cellphone records regarding the disputed number in relation to June 4, 2020, incident, the night Pule was killed.

Shoba’s lawyer Norman Makhubela questioned the cellphone expert if he had access to the said cell phones.

Van Tonder said he had no access to both cellphones belonging to Shobe, however, he used the data that was provided to him by the investigating officer, sergeant Teme.

However, Makhubela argued by stating that although they accept that the cell phone records are legitimate, he believes there is something that was not reflected on the records.

When Makhubela asked the witness about cell phone towers, the state objected and stated that the witness on the stand is not qualified to answer such technical questions.

Makhubela then retracted his words, and rephrased the question: “Cellphones can both connect to the same tower regardless of the distances they are at from the tower, right?”

Van Tonder agreed that they can connect as long as they are in the same radius.

Judge Stuart Wilson then asked Van Tonder to explain and tell the story regarding the “081 number” which is not clarified appropriately.

Van Tonder said on June 4, the 081 number called Malepane, and he indicated where on the diagram it reveals that the number called the convicted killer.

According to Van Tonder’s data, it shows that on Malepane’s phone there is evidence of the call from 081 number on the same day Pule was assassinated.

Van Tonder said the 081 number was used again at 10:44 pm and it was in the same area in Florida Park, Roodepoort. 

The second witness who took the stand it’s sergeant Teme, the led the investigations of the case.

He told the court that when Shoba was arrested, he had two of his cell phones.

He said both phones did not show any records that can be incriminating, stating that Shoba could have deleted all forms of communication in the murder case, to make himself clean.

Teme said he couldn’t even find Tshegofatso Pule’s name on both handsets, however a suspicion came after he discovered that the Shoba saved the number of the deceased as ‘Tshego Ndofaya’ – meaning Tshego from Meadowlands.

When cross-examined over WhatsApp texts that were discovered by the police, Teme said in the second phone, they extracted WhatsApp messages which showed the couple was fighting, and this led to the suspense that Shoba could have had a hand in Pule’s killing.

However, Makhubela recalled messages that were submitted to the court, and said Teme is lying under oath, as there’s no evidence that proves the couple was fighting.

The court called a third witness who works as the Forensic liaison manager Petra Heyneke at Vodacom’s law enforcement support, to corroborate some of Van Tonder’s evidence and give further details on the inner workings of cellphone towers, their radiuses and how they picked up signals from the devices involved in the case.

Day Four of the second week:

In the fourth day, Teme returned to the dock after his cross-examination was adjourned on Wednesday.

Things got heated when Teme lost his cool in the court, when Shoba’s lawyer lashed out on Teme that he failed to provide concrete evidence that led to the police to have the motive to arrest Shoba.

Teme, took what Makhubela refers as “fabricated statement” surrounding the circumstances of Shoba’s death.

“You were already happy with the statement that was given by Malephane, which was a ‘self-confessed liar’ statement that contradicts itself, before you could verify it, you simply took what he said and made the conclusion to arrest,” Makhubela slammed Teme.

A visibly frustrated Makhubela wanted to know why the police didn’t ask Malepane to take them to the crime scene.

Teme said they didn’t as Shoba was already in jail.

Teme lost his cool in the proceedings, which had to be intervened by Judge Stuart Wilson to reprimand Teme that he should obey the court rules and to respond to questions posed to him.

After Judge Wilson calmed high tensions, Makhubela lashed out on Teme yet again as he stated that they relied on Malepane to arrest Shoba and hopes he is convicted.

Teme agreed, “Yes true”, said Teme. However, this was in contradiction of his testimony, as he previously said they relied on investigations not Malepane to make the arrest.

The state re-called Vodacom expert, Heyneke for short-cross examination.

Makhubela wanted to further understand Heyneke’s testimony on the longitude and latitude of the cell phones.

Heyneke confirmed that the exact location of a handset cannot be predicted using cellular network data.

The next witness recalled was the late Pule’s friend Tshepiso Tsita who was asked to share clarity on her first version.

Tsita, has at first told the court that Pule received threats from a woman who told her to leave her man two days before her murder.

However, the state lawyer, Faghret Mohammed opposed the recalling of Tsita, but Judge Wilson said the court would like to hear Tsita’s version.

The trial has been adjourned to Tuesday, 8 February.