The defence lawyer in the Senzo Meyiwa murder trial, advocate Charles Mnisi, is insisting that the firearm found on his client is not the weapon that killed Meyiwa.
Mnisi said this during cross-examination proceedings at the Pretoria High Court on Friday.
He told state witness and ballistic expert Lt-Col Christian Mangena that the defence’s ballistic expert will testify that the individual markings found on the bullets tested are not sufficient enough to make conclusive findings.
In August last year, he said the 9mm gun that was found on accused number three Mthobisi Mncube when he was arrested in 2015 for separate matters is the same one that killed Meyiwa.
He testified at the time that he was able to determine this after examining the projectile found on the kitchen counter at the crime scene and test bullets fired from the gun found in Mncube’s possession.
Murder weapon
Said Mnisi on Friday: “Our expert came to the conclusion that the insufficient markings on the test bullets when compared with the bullet at the crime scene show that you cannot conclusively say these two items are matching.
“There is an inconsistent transfer of marks to the test bullets and scene bullets. This is a borderline case.”
Mangena disputed Mnisi’s argument.
“The individual markings found on the test bullets are sufficient enough to make conclusive findings,” said Mangena.
“If this is a borderline case, then my four colleagues [who confirmed my results] would not have seen what I saw.”
Shortly after Mangena’s response, Mnisi asked judge Ratha Mokgoatlheng for the matter to stand down so that a laser pointer can be obtained to assist Mangena with using it to demonstrate exhibit test bullets that are beamed on a computer screen displayed in court.
Mokgoatlheng agreed for the court to adjourn for 30 minutes.
When the proceedings resumed, Mnisi told Mokgoatlheng that the state prosecutor, advocate George Baloyi and the defence lawyers had agreed that the matter should adjourn until Monday.
This will allow Mangena to go back to his laboratory and prepare a marked chart to demonstrate his findings.
Proceedings postponed to Monday
“We have agreed that Mangena should go to his office, revisit his laboratory, and prepare us a properly marked chart,” said Mnisi.
“He will show us the markings of the exhibit bullets and scene bullets and show us how they correspond with test bullets.
“This is not feasible for him to do within two hours because he has to open his computer and go through the whole exercise again.”
Baloyi confirmed the agreement, and Mokgoatlheng postponed the matter to Monday.
Meyiwa was shot and killed while visiting his then-girlfriend Kelly Khumalo in Vosloorus, east of Johannesburg, on October 26, 2014.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition.
They have pleaded not guilty to all the charges.
