The evidence is flimsy, says lawyer

The State has a weak case against Olwethu Matiso, his lawyer has argued in the Cape Town magistrate’s court.

Matiso, accused of murdering the domestic worker of Archbishop Emeritus Desmond Tutu’s daughter, was arrested about a week after Angela Machinga’s body was found in the main bedroom of Mpho Tutu’s Milnerton home on April 12.

The prosecution has argued that Matiso, who worked as Tutu’s gardener, left his fingerprints close to the murder scene. The only direct evidence against Matiso was a palm print found on Tutu’s cosmetics basket, which was kept in a cupboard in the main bedroom.

Matiso’s lawyer, Andre Kirtsen, argued during Tuesday’s bail application that the State had a weak case and was relying on circumstantial evidence. This, he said, was exceptional enough to justify his client’s release on bail.

Kirsten said that while his client had worked as Tutu’s gardener for about a year, he had also done odd jobs which included fixing cupboard door handles. “It is not only reasonable but probable that Matiso’s fingerprints would be in… the house,” Kirsten said.

State prosecutor Cecil Engel countered that Matiso had changed his version when he testified.

Engel agreed with Kirsten that the cosmetics basket was in a “protected area”, but said it been handled by Tutu and Machinga on a daily basis, and that it was strange that the palm print had not been smudged.

The court heard that Matiso had left his job at the Tutu home without notification a month before the murder. Around this time, he told Tutu that he had lost his key to the premises. The prosecution argued that there had been no forced entry, giving the impression that the perpetrator had access to the house or that Machinga knew her attacker.

Warrant Officer Gladston Kasper, who testified for the State, said Matiso had told him that he and Machinga did not get along.

Judgment is due next Thursday.

jade.witten@inl.co.za

Cape Argus