Durban — A primary school teacher accused, along with her lover, of killing her husband, an eThekwini firefighter, claims that the confession she made was done under duress and coercion where a firearm was involved.
This emerged on Thursday in the Durban High Court during the pair’s pre-trial conference.
Gugu Mchunu, 50, will be challenging the confession taken by investigating officer Sergeant Ayanda Ntombela as inadmissible, which means that a trial within a trial will take place.
Mchunu’s defence told the court that Mchunu alleges that she was given blank pages to sign, adding that she also disputed the contents of the confession.
Jabulani Richard Mchunu was shot and killed by assailants at his Luganda home near Pinetown in April 2022.
Sergeant Ayanda Ntombela is no longer with the SAPS. He resigned before being arrested and charged with murder, kidnapping and defeating the ends of justice in an unrelated matter.
He goes on trial in November for the charges levelled against him by the State, he is out on bail.
Mchunu is alleged to have enlisted the assailants allegedly with the help of her lover and co-accused, 30-year-old, Lindani Phungula.
The State alleges that the two acted with common purpose and face a minimum sentence of life imprisonment. The pair are out on bail.
Mchunu’s defence revealed that it would also be challenging the crime scene photo album explaining that it was constructed and done four months after the incident.
An inspection in loco was also on the cards for the defence’s case. State advocate SN Mbokazi said he intended calling 10 witnesses, one of whom was for the trial within a trial.
The State’s summary of facts is that Mchunu was married to the deceased and their marriage had soured. She conspired to kill her husband.
It is alleged that the pair enlisted the assistance of two individuals to go to Jabulani and on the evening of April 22 last year, where the assailants attacked him at his house, killing him.
The conclusion of Mchunu and Phungula’s pre-trial on Thursday saw the matter being set down to be heard over three days in November.
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