The Mercury
Nkosinathi Chiya, 29, has been in Westville Prison for seven years for the murder of an IFP leader. Now new evidence has emerged that might prove he is innocent. Picture: Zanele Zulu
Durban – A Durban man serving a life sentence for a murder he says he did not commit was given bail on Thursday and is expected to be released this morning after seven years in Westville Prison.
Nkosinathi Chiya was 22 when he was locked up for life for killing IFP leader Thomas Mandla Shabalala – a crime he has vehemently denied committing.
On Thursday, retired Judge Ron McLaren, who sentenced Chiya in 2006, granted him bail of R4 000. The judge did not give reasons for deciding to allow Chiya out of prison.
Chiya’s family, with IFP members, waited at the main entrance to Westville Prison for his release, but were disappointed as the prison section responsible for the release closed at 3.30pm. They were told he would be released this morning.
Chiya’s attorney, advocate William Nicholson, on Thursday handed new affidavits to Judge McLaren supporting Chiya’s claim that he was innocent.
Among them were statements by a Port Shepstone sangoma, Dorothy Nokuthula Mhlongo, who was killed last year, and a former police officer, Thembinkosi Shezi, who is serving a sentence for corruption.
Also among the papers was a suicide note left by a man who apparently confessed to the murder.
The judge spent most of the day explaining how he would reconstruct the records of the previous trial and verdict.
On Wednesday, he said the records disappeared as a result of a computer crash before they were transcribed. But, on Thursday, he said he had established that they could not be transcribed as a result of the poor audibility of the tapes.
Supporting the bail application, prosecutor Bheki Manyathi told the judge Chiya should get bail based on the new evidence.
“This evidence should be available to the court and be tested. Based on the new evidence, I’m of the view that it is in the interests of justice that he be released on bail. Therefore I don’t oppose the application.”
After Judge Mclaren left the courtroom, Manyathi addressed the singing and ululating crowd, pleading with them to provide evidence to prove Chiya’s innocence.
The Mercury
