The Pretoria High Court has ruled in favour of allowing car tracking evidence to be heard in the trial within the Senzo Meyiwa trial.
The decision comes after a heated debate between the defence and the state.
This was over the re-examination of Sergeant Vusimuzi Mogane, one of the lead investigators in the case.
Car tracking device
The state sought to use the Automatic Vehicle Locating system (AVL) to establish the movements of a vehicle involved in the case.
Accused number two, Bongani Ntanzi, implicated the said car in his case.
It was revealed that Ntanzi and accused number one, Muzikawukhulelwa Sibiya, confessed to the killing of Meyiwa in 2014.
The defence has argued that they were coerced into confessing and assaulted.
The court has heard that after Ntanzi was taken in for questioning, he was only returned 17 hours later.
Assault claims against interrogators
He claimed that during that time, he was assaulted and subjected to many stops before being forced to make the confession.
This happened at the Moroka Police Station in June 2020.
The state’s main argument revolves around the gravity of Ntanzi’s accusations against the police.
According to state advocate Geore Baloyi, it is important to re-examine Mogane.
The said examination is regarding the car tracking data, to illuminate the events leading up to the contentious confession.
On the contrary, the defence has argued that Mogane lacks expertise.
As such, introducing an expert witness would unnecessarily prolong the trial within a trial.
Judge rules in favour of AVL
However, Judge Ratha Mokgoatlheng concluded that the evidence was not new, as allegations of assault had already been presented in court.
“The primary principle here is: ‘Is it in the interest of justice to allow that evidence to be heard?’
“On both accounts, I find that it is, and consequently, the state is allowed,” stated Judge Mokgoatlheng.
The judge emphasised that Ntanzi would not be prejudiced by the evidence.
He said the manufacturers of the tracking system could be called to testify.
“By the way, the accused, through their counsels, are entitled to cross-examine that witness.”
The judge was referring to the witness who is going to testify on the efficacy and the utilisation of the AVL machine.
The trial continues on Tuesday.
