The lawyer of accused number three in the Senzo Meyiwa murder trial argued on procedural failure by forensics. He said procedure was not followed by police ballistics expert when testing the alleged murder weapon.
Advocate Charles Mnisi, who represents accused number three Mthobisi Prince Mncube, focused on the bag used. He told the state ballistics expert Edward Sereo that when his colleague, ballistic expert Lt-Col Christian Mangena, received the alleged firearm and the crime scene bullet, they were received in a police bag with a broken seal.
Mnisi told Sereo that Mangena testified in court that ballistic experts are not allowed to receive exhibits in a police bag with a broken seal. He said in this case there was a deviation from procedure.
Gun and bullet from crime scene
Mnisi was cross-examining Sereo at the Pretoria High Court on Thursday. Sereo did a microscopic verification of Mangena’s work. This had linked the gun allegedly found in possession of Mncube and the bullet found at the crime scene.
Mangena has already testified in the trial on crucial evidence about the alleged murder weapon more than a year ago. He testified in August last year about the 9mm gun that was found on Mthobisi Prince Mncube. Mncube is accused number three, and the said arrest took place in 2015, for a separate matter. Mangena said when Mncube was arrested he was found with the same gun that killed Meyiwa.
In August last year, Mangena testified he was able to determine this after examining the projectile. The projectile was found on the kitchen counter at the crime scene. He also tested the bullets fired from the gun found in Mncube’s possession.
Broken seal bag was deviation from procedure
“There was a deviation from known procedure. It has been documented and put on record in this court that there was a deviation from known procedure. No matter how much you try to justify receiving the exhibits the way you did. There was a deviation from procedure and the exhibits were received in a broken seal,” said Mnisi.
The former Bafana Bafana and Orlando Pirates goalkeeper was shot and killed on October 26 2014. The incident happened at the house of the mother of his then girlfriend, singer Kelly Khumalo. This was in Vosloorus, on the East Rand.
The people who were present in the house during the murder were Kelly, Kelly’s sister Zandile and their mother Gladness. Also Meyiwa, Zandile’s then boyfriend Longwe Twala, and Meyiwa’s close friends Tumelo Madlala and Mthokozisi Twala.
Shot once in chest
According to the state indictment, Meyiwa was shot once in the chest while in a standing position. The bullet went through his chest, and exited his back, hitting the back of the door behind him. What caused his death was determined as a bullet which hit his heart and lung.
The accused are Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli. They face charges of premeditated murder, attempted murder and robbery with aggravating circumstances. Also possession of firearms without a licence, and possession of ammunition.
They have pleaded not guilty to all the charges.
The trial continues.
