The trial of the five suspects accused in the murder of former Orlando Pirates and Bafana Bafana goalkeeper Senzo Meyiwa continued at the Pretoria High Court on Thursday with witnesses shedding light on the pointing out process and DNA evidence.
Captain Martin Nayilana from the Hawks took the stand and testified about the pointing out conducted by the first accused, Muzikawukhulelwa Sibiya, in June 2020.
Court hears of suspect pointing out locations
Nayilana, who was the driver on that day, recounted the events. He stated that Sibiya provided directions leading them to various locations. These locations are where the pointing out was conducted.
During cross-examination, defence advocate Thulani Mngomezulu questioned Nayilana about the route taken to Vosloorus. Nayilana responded that he chose the easiest route.
Nayilana further described Sibiya’s demeanour during the process, noting his calmness and lack of hesitation.
This deviates from the evidence heard in court during a trial within the trial. The trial sought to determine the admissibility of confession statements. These were supposedly deposed by Sibiya and the second accused, Bongani Ntanzi.
At the time, the court was informed that the two suspects claimed they were tortured and assaulted en route to making the alleged confessions. They asserted that their rights were not read to them, a claim disputed by the investigating officers.
Nayilana highlighted meticulous documentation of these assertions. This includes photographic evidence crucial to the investigation.
Allegations of torture disputed
“After photographs were taken, they got back into the car. And Colonel Hadebe said there was another place that needed to be pointed out. After those places were pointed out they got back into the vehicle. The accused gave further instructions to Colonel Hadebe to the second spot. He then said we should stop the vehicle in an open space near the hostels in Vosloorus. They got out of the vehicle to continue with the pointing out. Photos were taken there also and then they both got inside the vehicle.”
His testimony aligned with Colonel James Hadebe’s account of the pointing out process.
Hadebe had previously stated that he informed Sibiya of his rights. He emphasised to him that he was not obliged to provide a statement or participate in a pointing out. Additionally, Sibiya reportedly told Hadebe that he was not assaulted. This claim was supported by photographs taken on the day. The photos showed no visible injuries on the accused, the court heard.
Another witness, Keitumetse Mashele took the stand proving her account on DNA evidence. Mashele is a police officer attached to the Pretoria North police station specialising in DNA samples.
Testimony of DNA evidence process
She testified that on June 16, 2020, while on duty, she was approached by Sergeant Vusimuzi Mogane. He needed assistance in taking buccal samples from a suspect.
Mashele, having the necessary expertise, proceeded to the cells where she encountered the suspect she identified as “Mr Ntanzi (accused two Bongani Ntanzi)”.
With proper precautions, Mashele took the buccal sample, sealing it in front of both Mogane and the suspect. This was to ensure the integrity of the process.
Sipho Ramosepele, representing the defense, directed questions to Mashele. He specifically inquired about the ID number provided by Ntanzi during the buccal swab procedure. Mashele confirmed that Ntanzi provided his ID number as part of the process.
