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Man accused of 76 deaths in Usindiso fire says confession was coerced

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Appearing in the Palm Ridge Magistrates Court on Tuesday, Mdlalose’s legal team announced their intent to challenge the validity of the confession linked to the fire that killed 76 people nearly two years ago. The 31-year-old has pleaded not guilty to all 90 charges, including arson, murder, attempted murder, and obstructing justice.

Claim of mental instability and drug use

Mdlalose told the court he was not in a sound state of mind when he gave his initial statement during a formal inquiry into the fire. He said he had been struggling with drug addiction and was under the influence at the time of his confession, which he now argues affected his ability to understand what he was doing.

His lawyer, Advocate Leonard Cindi, claimed that the statement submitted during the inquiry did not reflect what Mdlalose actually meant to say.

“The contents contained in his statement are not what he intended to tell the magistrate when he made the confession,” said Cindi.

Allegations of coercion

The defence also alleged that Mdlalose may have been acting under pressure from a powerful drug dealer he was allegedly associated with, which could have influenced his decision to confess at the time.

According to South African law, any confession not made “freely and voluntarily” cannot be used in court. This forms the core of the defence’s strategy to exclude the confession from being used as evidence in the trial.

The court is expected to hear arguments regarding the admissibility of the statement as the high-profile case continues.

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Sourced:IAfrica

Picture: Nigel Sibanda

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