Mncube’s phone was confiscated when he was arrested in 2015 in a separate case relating to taxi violence in Alexandra in Johannesburg. (Photo by Gallo Images/OJ Koloti)
The defence in the Senzo Meyiwa murder trial said continuing with the cross-examination of state witness Constable Sizwe Zwane without the master copy of the disc containing all the photos downloaded from the cell phone of accused number three, Mthobisi Mncube, would be prejudicial.
Mncube’s phone was confiscated when he was arrested in 2015 in a separate case relating to taxi violence in Alexandra in Johannesburg. Photographs were downloaded from the device and presented to court by state witness Sergeant Moses Mabasa.
Charles Mnisi, who is representing Mncube in the Meyiwa trial, asked Zungu during cross-examination whether he remembered what his client was wearing on the day they were together at a hostel on 26 October 2014, hours before Meyiwa was shot in what the state says was a botched robbery in Vosloorus, Gauteng
Zungu replied: “He was wearing a lime T-shirt, necklace and brown jacket.”
Mnisi showed Zungu more photographs and asked him to point out the items he said Mncube was wearing. Zungu replied that the photos were not the ones taken at the hostel.
Mnisi then requested the state to provide the photographs taken at the hostel.
“Mr Mosia [another state witness] only brought eight photos to court. Yet more than 30 photos were taken. We want to be furnished with the disc of all the photos taken from accused number three’s phone. As of now, I am not able to proceed,” Mnisi said.
Prosecutor George Baloyi said those were all the photos the state had and that it had provided them to the defence. He added that he was against proceedings not continuing and that the defence could proceed with other issues.
“It transpires that I am hamstrung to continue with my cross-examination without clarity on the photos. It was said that the accused three’s phone was confiscated and photos were downloaded,” Mnisi said.
Defence advocate Zithulele Nxumalo, representing accused number four, Mthokozisi Maphisa, also said he would not cross-examine Zungu until the photos were made available. “My cross-examination will be central to the photo album.”
Another defence advocate, Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, said continuing with cross-examination would be prejudicial.
The five people on trial have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.