The defence for suspended deputy national police commissioner Lt-Gen Shadrack Sibiya has challenged the state’s interpretation of an audio recording it says shows him threatening a key witness.
Sibiya returned to the Randburg Magistrate’s Court on Wednesday as his bail application continued.
He is facing serious allegations, including rape, human trafficking and sexual grooming.
The witness, known in the proceedings as Mr M, is the father of one of the people allegedly victimised in the case.
Prosecutors previously played an audio recording in court which they said demonstrated that Sibiya posed a potential danger to state witnesses if he were released on bail.
During the conversation, Sibiya accuses Mr M of turning against him despite having previously assisted him financially.
Sibiya is heard saying: “It’s easy to deal with you. I can deal with you very quickly and easily.”
But Sibiya’s lawyer, Amanda Nel, told the court on Wednesday that the recording had been presented without the full circumstances surrounding the conversation.
She said the prosecution had relied on a transcript that did not capture the entire context of the exchange.
Nel gave the court the defence’s account of what led to the conversation, saying Mr M had contacted Sibiya and wanted to come to his home.
She said Sibiya declined the request and instead confronted Mr M about what he allegedly knew about his activities.
According to Nel, Sibiya’s comments were not intended to suggest that he would physically harm Mr M.
Instead, she argued that Sibiya was warning the witness that he could expose alleged wrongdoing involving him.
Nel said Sibiya had told Mr M that he no longer trusted him and was aware of several alleged illegal activities linked to the witness.
“Mr M is a fraudster, he’s in possession of three IDs, [and] he’s not employed anywhere but is able to finance his house and cars,” Nel told the court.
She maintained that Sibiya’s reference to being able to “deal with” Mr M was a reference to exposing what he allegedly knew about the witness.
“In this context, knowing this about you, Mr M, you are the easiest person to deal with because you yourself are not clean,” Nel said, presenting her client’s version to the court.
The state disputed the defence’s interpretation, arguing that Mr M understood Sibiya’s words as a threat.
Prosecutors have relied on the recording in opposing Sibiya’s bail application, arguing that his alleged conduct raises concerns about possible interference with witnesses.
The bail proceedings have been adjourned until next Tuesday, when the matter is expected to continue.
