Defence advocate Zandile Mshololo
The defence in the Senzo Meyiwa murder trial has accused the state of withholding evidence until the last minute.
This comes after the state tried to call Sergeant Vusumuzi Mogane to give evidence on the records downloaded from the cellphones confiscated from accused number two in the case, Bongani Ntanzi, and the fifth accused Fisokuhle Ntuli.
The records are expected to reveal the whereabouts of Ntanzi and Ntuli on 26 October 2014 and confirm Constable Sizwe Zungu’s testimony in which he places all five accused in Vosloorus, Gauteng, hours before the Bafana Bafana captain was shot dead in what the state says was a botched robbery.
Defence lawyers objected to the state’s move, saying it was prejudicing their clients by not giving them all the evidence.
Defence advocate Sipho Ramosepele, representing accused number one, Muzikawukhulelwa Sibiya, and Ntanzi, told the Pretoria high court that he had only received the documents on Mogane’s evidence on Monday.
Advocate Zandile Mshololo, for Ntuli, said the presentation of cellphone evidence must be paused until the defence was furnished with section 205 records — an affidavit from the network service provider.
“My client is suffering prejudice. If the state is going to use section 205, I must be provided with it. We have been waiting and waiting for evidence of that cellphone,” Mshololo said.
Advocate Charles Mnisi, who is representing accused number three Mthobisi Mncube, objected to Mogane being put on the stand.
“Between 2014 and now the cellphone records are not ready. This prejudices us. It seems the state was not ready from the beginning. The state should just say that and ask for a long postponement,” Mnisi argued.
Prosecutor George Baloyi said the state had furnished the defence with Mogane’s statement last Monday, adding that the witness’s testimony would be limited to the confiscation of the cellphone and no reference would be made to section 205.
Judge Ratha Mokgoatlheng ordered the state not to have Mogane take the stand but instead to move on to the next witness.
The five men on trial for Meyiwa’s 2014 killing at the family home of his girlfriend Kelly Khumalo have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.