Advocate Charles Mnisi, one of the defence lawyers in the Senzo Meyiwa murder trial, has accused the state’s ballistic expert Lt-Col Christian Mangena of being biased against his client in a bid to implicate him at all costs in Meyiwa’s murder.
During proceedings at the Pretoria High Court on Tuesday, Mnisi asked Mangena why he asked his client, accused number three in the case, Mthobisi Prince Mncube, to take off his shoes and socks when he went to take his height measurements while he was in prison as per the instructions from the police investigating the case.
Height measurements taken on the accused
Mangena said he received instructions from the lead investigator in the case, Brig Bongani Gininda. He was instructed to take height measurements of all the five men accused of murdering Meyiwa.
Mnisi said Gininda only asked Mangena to take height measurements of all the five men accused of murdering Meyiwa. He did not ask him to instruct them to take off their shoes and socks, and examine their feet.
Mangena responded by saying his work involves examining anything that is related to ballistics. He said he does not need Gininda’s permission or have to wait for him to examine Mncube’s feet and do his ballistics work.
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 murder weapon. In his testimony, he said the 9mm gun that was found on Mncube when he was arrested in 2015 is the same one that killed Meyiwa. Mncube was by then arrested for a separate matter.
Expert testified a year earlier
In August last year, Mangena testified how he was able to determine this. He said he did so after examining the projectile found on the kitchen counter at the crime scene. Also test bullets fired from the gun found in Mncube’s possession.
“Did you ask the other accused to take off their shoes and socks so that you can examine their feet?” asked Mnisi.
“I did not perform the exercise on accused number one, two and five. I only asked accused number three and four to take off their shoes and socks,” said Mangena.
“Why did you check their feet? You were never asked to check their feet, you did it on your own. Do you not think that this impacted on your neutrality?” asked Mnisi.
“Brigadier Gininda asked me to check their measurements. If there is anything that is ballistic-related, I can check it. The bullets fired at the crime scene hit the floor. And the fragments from the floor could have possibly hit the suspect on their feet. That is why I felt the need to check,” said Mangena.
Expert implicated Mncube’s gun
“Your conduct in this instance totally removed your neutrality as an expert from the forensic laboratory. You became part of the investigating team… And you have tried and you went out of your way to say that the bullets tested match the scene bullet. Because you wanted to nail Mr Mncube,” said Mnisi.
“That is not true. My job as a ballistic expert is to help and guide the police with their investigations. That does not mean I am bias,” responded Mangena.
During Mangena’s cross-examination, the pictorial chart demonstrating Mangena’s markings and findings from the test bullets and crime scene bullet were beamed on a computer screen in the courtroom for all to see.
Meyiwa was shot and killed at the house of the mother of his then girlfriend singer Kelly Khumalo. The incident happened in Vosloorus, on the East Rand on October 26 2014.
Those who were present in the house during the murder were Kelly, Kelly’s sister Zandile and their mother Gladness. Also Meyiwa, Longwe, and Meyiwa’s close friends Tumelo Madlala and Mthokozisi Twala.
Shot once in the 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. The cause of death was determined as a bullet which hit his heart and lung.
Accused in the matter are Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi and Mncube Also Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli. They all face charges of premeditated murder, attempted murder, 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 on Wednesday with the cross-examination of Mangena.
