The DNA test from the hat found at the crime scene where the former Bafana Bafana shotstopper Senzo Meyiwa was murdered could not link any of the five accused in the murder case.
According to defence lawyer, advocate Charles Mnisi, during the course of the investigation, the hat alleged to have been worn by accused number three, as the state believes, was taken for analysis.
Mnisi said this on Monday before the Pretoria High Court as the proceedings commenced following a long delay, allowing him to prepare to cross-examine police Brigadier Bongani Gininda, who is the lead investigator in the case.
Mnisi, who represents two accused individuals in the case, stated that the court had heard witnesses in the house describe the hat as a brimmed hat.
XY chromosome found
“It was taken for extraction of DNA, and indeed DNA was found. You’d recall you said you [Gininda] also went to accused number three to take DNA,” said Mnisi.
Gininda agreed.
“So there was a DNA profile there. The scientists said there is somebody else’s DNA,” Mnisi added.
However, Gininda said he was not in court when the scientists testified.
“I won’t dispute what was said, but what I recall is that it was mixed DNA that was found,” he responded.
That is misleading, said Mnisi.
“In that hat they found an XY chromosome. This hat was worn by a man. It is not a question of if DNA was found.
“XY stands for male, and female is XX. The scientists found XY. I tell you what you submitted to forensic scientists is not related to accused three,” Mnisi emphasised.
However, state prosecutor, advocate George Baloyi, said the DNA results were a mixture.
“I am saying I have no doubt that what the scientists found was male DNA from the sample taken from the accused three.
“Now that they have identified a DNA profile extracted from the hat, they proceeded to compare it,” Mnisi continued.
Gininda stated that he is not a scientist.
“I am not a scientist, but I am able to read a report. I agree with Mnisi that the buccals were sent for comparison to the hat’s DNA, which was a mixture.
All accused have pleaded not guilty
Mnisi said that the DNA samples from all the accused were taken, and the court was told that none were linked to the hat.
He further said that when he followed the trajectory of evidence against the accused, the point that led to the arrest of the defendant was the result of information from Constable Zungu.
“It was as a result of the investigation; Zungu comes in later,” Gininda said.
Gininda reported that he discovered Constable Zungu at the national commissioner’s office after receiving a call.
“I was just told there was someone with information. What I know is he wanted to share the information with the national commissioner. I stand under correction, but it could be as a result of the dangers concerning.”
On October 26, 2014, a gunman shot and killed Meyiwa at his musician girlfriend’s home in Vosloorus.
All five accused are still behind bars, and they have pleaded not guilty. The cross-examination of Gininda continues on Tuesday.
