Judge Ratha Mokgoatlheng has dismissed an application to exclude evidence of accused number two in the trial within the Senzo Meyiwa trial.
The accused, Bongani Ntanzi’s medical report was submitted as evidence in the trial.
The medical report, dated June 2020, shows that Ntanzi had no abnormalities or physical injuries around the time of his arrest in the same month.
Ntanzi’s lawyer, Advocate Thulani Mngomezulu, brought the application at the Pretoria High Court on Thursday.
State opposed the application
He argued that the report should not form part of the evidence collected to determine the admissibility of a confession his client allegedly made.
State advocate George Baloyi opposed the application, asserting that the defence had brought the evidence hoping it would work in their favour.
He said they later applied to retract it because it did not work in their favour.
The judge ruled against the exclusion, stating that the “application is not in the interest of justice”.
“The application by Mr Mngomezulu to exclude this evidence which was handed up to this court is dismissed,” he said.
The confessions
Ntanzi and fellow accused Muzikawukhulelwa Sibiya allegedly confessed to the gruesome killing of the late soccer star.
However, the defence argued that the two suspects were assaulted and coerced to confess.
The court heard that the assault accusations are false and baseless.
The witnesses testified that the two accused willingly confessed to the crime.
Ntanzi, in particular, allegedly confessed to Brigadier Gininda after police found out that he was not at work on the fateful day.
Scuffle that robbed the country of a star
Meyiwa was killed at the home of his then girlfriend, singer Kelly Khumalo, in Vosloorus on October 26, 2014.
It is alleged that two unknown intruders invaded the house, demanding cellphones and money.
A scuffle ensued between the occupants and the intruders and a gunshot resulted in the untimely death of the national soccer treasure.
Present at the time was Kelly, her mother and sister Zandie and Gladness.
Zandie’s then boyfriend Longwe Twala, Meyiwa’s friend Mthokozisi Thwala and Tumelo Madlala were also at the house.
Kelly’s two children were also present.
Currently, five men are in the dock for the misfortune and they have all entered pleas of not guilty.
