When the Senzo Meyiwa murder trial resumed in the Pretoria High Court, one of the defendants’ lawyers demanded to know why certain police cars that were used to apprehend the murder suspects of the former Bafana Bafana captain lacked tracking devices.
Advocate Charles Mnisi, who took over the responsibility of representing accused number one, Muzi Sibiya, on Monday started by requesting automatic vehicle location records from the state.
This was regarding certain vehicles that he claims were used by law enforcement officers during the arrest of the accused in the case.
According to state prosecutor advocate George Baloyi, Sergeant Mogola drove a red Golf. He used it when accused number one and two were arrested, but it was not fitted with a tracking device.
“I am flabbergasted that my colleague is saying there were no fitted tracking devices. It will be shocking that these vehicles weren’t fitted, as this is key to Brigadier Bongani Gininda’s cross-examination. We will be prejudiced,” said Mnisi.
The case resumed after being postponed for the umpteenth time in April to allow Mnisi more time to prepare his cross-examination of Gininda, the case’s lead investigator and the state’s last witness.
This followed Mnisi’s request for more time to prepare his cross-examination of Gininda on behalf of the first accused, Muzikawukhulelwa Sibiya, who had been represented by the late advocate Thulani Mngomezulu.
Mnisi, who also represents accused number three, Mthobisi Prince Mncube, was chosen to represent Sibiya after Mngomezulu passed away in December after a brief illness.
The trial began with cross-examination on Monday, although it started late due to the accused arriving late in court.
Advocate Zithulele Nxumalo told the court prior to the start of the proceedings that accused number five’s attorney, advocate Zandile Mshololo, had an emergency en route to court and asked Nxumalo to fill in for her.
Mnisi comes out guns blazing
Following the start of the proceedings, Mnisi questioned Gininda regarding alleged confessions made by the accused.
“You referred to something you regard as a ‘best practice’ a number of times in relation to the confessions and pointing out. What did you mean by that?” asked Mnisi.
Gininda said that the late Mngomezulu asked him if he could have accepted the confession, which prompted him to make the statement.
“I said it was preferable that a person who is not involved in the investigation take the confession. That was best practice,” he responded.
Mnisi further asked if the ‘best practice’ is limited to taking confessions and pointing out. However, Baloyi interjected.
“The witness has answered that he did say he can only comment on confessions and pointing out,” said Baloyi.
Mnisi persisted in questioning the witness regarding the warning statements that Gininda claimed to have received from various stations across the country.
Gininda was about to respond when presiding Judge Ratha Mokgoatlheng enquired as to where Mnisi was taking his line of questioning.
“How is this going to help us in this case? How does reading the statements made by an accused person in Graaff-Reinet assist us? How does interrogating warning statements made in a specific location help us?
Mnisi responded: “It is not that I want the statements for the sake of wanting them; I am busy preparing my argument.
Answered Mokgoatlheng: “But the witness has answered you. He continued, “You can prepare your argument; there is no problem; otherwise, we will remain here until the resurrection of Nelson Mandela.”
Meyiwa was shot and killed on October 26, 2014, during a robbery at the Vosloorus home of his girlfriend, Kelly Khumalo. The trial continues.
