/ 24 August 2023

Meyiwa trial: Defence wants forensic witness back in the stand

Caf Champions League Final 1st Leg: Orlando Pirates V Al Ahly
Senzo Meyiwa. File photo by Lefty Shivambu/Gallo Images/Getty Images

Defence advocate Zithulele Nxumalo has requested that state witness and forensic officer Thabo Mosia be recalled to the Senzo Meyiwa murder trial because there were discrepancies in his testimony.

Last week, Mosia told the Pretoria high court that, on 26 October 2014, he was on standby duty as the crime scene investigator responsible for Vosloorus, Zonkizizwe, Reiger Park and Dawn Park, when Brigadier Philani Ndlovu called him at 10.45pm.

Nxumalo said he would like to question Mosia about the exact time he arrived at the scene where the Bafana Bafana footballer was fatally shot in what the state asserts was a botched robbery.

“My lord, I would appreciate it if he is recalled. There is a discrepancy in the viva voce evidence [evidence given orally] and the documentary evidence, in a sense that he said he went to attend [a] business robbery from the scene of this [Meyiwa] case, but when one looks at this document, he visited that scene [the business robbery] at 22.50, before he came to the scene of this case,” Nxumalo said.

Defence advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, said she would also like Mosia called back to the stand.

“The witness testified and, from the documents that were submitted yesterday, when listening to that evidence and what has been testified before, I need to cross-examine the witness on what cases he went to attend on the day of the incident,” she said.

The murder trial started from scratch on 17 July, with Judge Ratha Mokgoatlheng replacing Judge Tshifhiwa Maumela after the latter was suspended for misconduct for failing to deliver judgments within a reasonable period.

The five people on trial — Mthobisi Mncube, Bongani Ntanzi, Mthokozisi Maphisa, Muzikawukhulelwa Sibiya and Ntuli — have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.