Advocate Zandile Mshololo, the defence counsel for accused number five in the Senzo Meyiwa murder, took the lead in cross-examining Warrant Officer Thabo Ndlovu.
Mshololo focused on the reliability of photographic evidence allegedly linking the accused to the crime.
Her questioning followed Advocate Zithulele Nxumalo’s decision to go without cross-examination on Thursday morning.
Expertise in facial identification
She began by probing Ndlovu’s expertise in facial identification after he was given an opportunity to go through and comment on photographs alleged to be depicting some of the accused by the state.
The state showed this series of photographs on Wednesday.
“Are you an expert in facial identification?” Mshololo asked.
“No,” Ndlovu replied.
Pressing further, Mshololo inquired if Ndlovu has experience in facial identification.
“No,” Ndlovu responded again.
The exchange grew tense when Mshololo asked about deleted photographs. She urged Ndlovu to remain composed.
“Mr Ndlovu, I am not fighting with you, please don’t be emotional,” she said.
“I am also responding to questions that I have been asked,” Ndlovu stated.
“Okay, so now let’s reduce the emotions,” Mshololo replied, redirecting to the evidence.
Focus on pictures
“I said, ‘Correct me if I’m wrong,’ because you showed this court a copy of a picture because the original had been deleted.”
“I’ll explain it again. If a photo has been deleted, it is just a print. That’s why it doesn’t have information of when it was taken and so on,” he responded.
Mshololo asked if that means the strategy Ndlovu used to retrieve information could not give him the dates and locations.
“That is true,” Ndlovu admitted.
She then challenged the reliability of the photographs. Specifically those in exhibit DD, described as showing a man with an oval beard and hoodie.
“You cannot be able to tell this court that this is the picture that resembles the person who was present on October 26, 2014,” Mshololo asserted.
“That’s true,” Ndlovu agreed.
Mshololo further asked whether Ndlovu could link the person in an identikit to photos from 2020 that were presented in court.
“Can you say that because this person who was in the identikit resembled these pictures, it means it’s the same person as the one from 2020?” she asked.
Witness invited
Before Ndlovu could respond, prosecutor Advocate Ronnie Sibanda objected. He argued that Mshololo was inviting the witness to argue for the state.
“That’s an unfair question to the witness.”
However, Mshololo stated that her line of questioning is derived from what the witness was led on.
“He was asked to give descriptions of the clothes and facial, that is why I am asking him my lord.”
“I don’t have an answer,” Ndlovu responded.
Shifting focus, Mshololo asked about the handling of the evidence.
“You testified in 2023, Mr Ndlovu. At the time when you testified, had you retrieved these pictures onto the disc and USB?”
Backup pictures
“I had already done the disc, but the USB is from my backup system that was in my office,” Ndlovu explained.
“I can’t remember when I gave the disc to the state. It was signed for by my sergeant, Mogane.”
“Was it sealed?” Mshololo asked.
“Yes, it was, with a bag number. Mshololo then raised the possibility of tampering, asking: “Do you know that pictures can be edited?” Ndlovu confirmed.
“Yes, even I can edit them,” Ndlovu acknowledged.
