The state has firmly denied claims that Mthokoziseni Maphisa, accused number four in the former Bafana Bafana goalkeeper Senzo Meyiwa murder trial, had no involvement in the crime.
This after an application for Maphisa’s acquittal by his lawyer, advocate Zithulele Nxumalo, on Monday.
Nxumalo argued for his client’s acquittal, asserting Maphisa’s innocence. He further pointed to discrepancies in the state’s case, highlighting the inconsistencies in cellphone records presented as evidence.
However, state prosecutor Advocate Ronnie Sibanda was not having it. He presented compelling evidence to counter the defence’s claims.
Sibanda detailed witness testimonies that outlined Maphisa’s alleged communications with other accused parties.
Kelly Khumalo link
“Mthokoziseni Maphisa, accused four, contacted accused five, who allegedly received the murder order from Meyiwa’s lover, singer Kelly Khumalo, about 127 times. And his number was saved as a contact in the phone of accused five. He also contacted accused three 48 times,” Sibanda told the court.
The state’s case was further strengthened by evidence from a Vodacom analyst, Pinky Vythilingam. She confirmed that the cellphone linked to Maphisa was found in his possession during an arrest at Leeuwkop prison.
Additionally, bank statements verified that the cellphone number belonged to Maphisa.
“On 26 October 2014, the bank transaction shows that the accused was close to Vosloorus, where Meyiwa was killed. This can be found on record,” added Sibanda.
He further said the data of communication between Kelly Khumalo and accused number five in the case was a cellphone download by Captain Moshoana.
No proof of data manipulation
“The device type is ZTE V795 cellphone that belonged to Miss Kelly Khumalo. No data manipulation was done during the extraction.”
Presiding judge Ratha Mokgoatlheng asked what the state’s response is to what the defence shared on Monday. And stated that the data can be manipulated.
“But the witness was here, my lord, and she said the data cannot be manipulated,” Sibanda responded.
According to Sibanda, accused number three in the case said when the killing of Meyiwa happened, he was incarcerated.
“But in exhibit EE, the accused said they were enjoying the joyrides. That simply means he was not in custody. He was outside enjoying his life,” said Sibanda.
Nxumalo rose and said the allegations made by Sibanda are news to him.
Defence argues it’s new information
“I have never heard of this. And I am instructed by my client that he would like for the state to bring the record where he said all of this.”
The lawyer representing accused one and two, advocate Charles Mnisi, supported Nxumalo. He said the information brought before the court by Sibanda is new information.
“We are not sure that the accused uttered what is said here. And as it is now, this information is totally not admissible,” said Mnisi.
ALSO READ: Senzo Meyiwa | Discrepancy between Vodacom expert, police analyst evidence
