The five men accused of killing Senzo Meyiwa. (Photo by Phill Magakoe/Gallo Images via Getty Images)
Defence lawyers representing the five accused in the Senzo Meyiwa murder trial were late with their application for funding to get a ballistics expert to counter the state’s witness, Captain Chris Mangena, Legal Aid said.
Legal Aid representative Flavia Isola told the Pretoria high court on Tuesday that the defence applied only two weeks ago for funding and failed to attach important information, including how much the expected cost of the expert would be.
The defence had been expected on Monday to call ballistics expert Mangena back to the stand for cross-examination. But state prosecutor George Baloyi said this would not happen because the defence was still awaiting the response of the Legal Aid board on an application to partially fund the services of an expert.
Last year, Mangena, who also reconstructed the Oscar Pistorius murder scene in 2013, testified that he went to the Khumalo house on 27 October 2014, a day after footballer Meyiwa was killed at the home of his girlfriend, singer Kelly Khumalo, in Vosloorus, Gauteng.
Mangena said his scene reconstruction showed that two shots were fired in the house, adding that the first shot hit the tiled kitchen floor at a 90-degree angle and anyone nearby could have been hit by a bullet fragment.
On Monday, Judge Ratha Mokgoathleng lodged an informal inquiry into why Mangena had not been cross-examined eight months after his testimony, requesting the head of Legal Aid to clarify whether it would provide the finance.
“It is in the interest of justice and the public and even the accused that delays are addressed,” Mokgoathleng said
On Tuesday, Isola told the court that the Legal Aid board received an email from the defence on 5 April this year.
She said Legal Aid replied to the email requesting the information on the cost of the expert but the defence had not provided those details.
In response, advocate Charles Mnisi, representing accused number three Mthobisi Mncube, said the defence had been in contact with the expert but he had not furnished them with the information.
Mokgoathleng then made an order that the counsels go through the evidence given by Mangena and refresh their minds. He postponed the cross-examination to 20 May.
The judge asked Baloyi to read a section of the Criminal Procedure Act speaking about unreasonable trial delays and the consequences thereof.
“It is unfair on that witness [Mangena] because he is seized with other matters. The unfairness is furthered by the fact that the cross-examination also [affects] this witness who gave evidence in August and he has not been cross-examined,” Mokgoathleng said, stressing his dissatisfaction.
The five people on trial — Bongani Ntanzi, Muzikawukhulelwa Sibiya, Mncube, Mthokozisi Maphisa, and Fisokuhle 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.
The trial continues on Wednesday and all accused remain in custody.