The late Bafana Bafana goalkeeper Senzo Meyiwa’s murder trial resumed at the Pretoria High Court on Wednesday, where state prosecutor Advocate George Baloyi continued his cross-examination of the first accused, Muzi Sibiya.
Baloyi began by questioning Sibiya about testimony previously given by Constable Jabulani Buthelezi, who claimed that the police went to Sibiya’s shack to retrieved his identity document.
“According to Constable Buthelezi, they went to your uncle’s shack to retrieve your identity document,” Baloyi stated.
Sibiya, however, denied the claim.
Denies claims of gun being found
“No, they never asked for my identity document. When they noticed that there was no one inside my uncle’s shack, they knocked the door down,” he replied.
Baloyi further stated that Buthelezi said they found a 9mm pistol and a cleaning rod [what is used to clean a gun].
“What do you have to say about that?” asked Baloyi.
Sibiya maintained his innocence, insisting the alleged items were never in the shack.
“I said this before, but I will say it again. None of these things they say they found at my uncle’s shack were there. I only heard about these things when I appeared at the Tembisa Magistrate’s Court. The police never informed me that they found these items at the shack,” Sibiya said.
When Baloyi asked if he had ever seen the firearm or cleaning rod, he said no.
“I’ve never seen them. The court asked for them, but the police couldn’t produce them. Because they said they had been taken for fingerprint testing.”
Assault during arrest
Baloyi turned to previous testimony regarding Sibiya’s alleged assault by police.
“You said you were taken to some municipality area where you were assaulted for several hours. I am quoting a proposition that was put before this court by Advocate Sipho Ramosepele, the lawyer for accused number three,” said Baloyi.
“I never said ‘for several hours’,” said Ramosepele.
However, Baloyi proceeded to read from the court record, confirming that Ramosepele’s proposition include the phrase.
“That is true. I was assaulted for several hours since I was arrested,” said Baloyi.
“You said the police assaulted you, respectfully, until you urinated yourself. Is that correct?” Baloyi asked
“Yes, that’s correct,” Sibiya responded.
Baloyi further said according to the late advocate Thulani Mngomezulu, who represented Sibiya, the accused soiled himself as he was kicked and assaulted by the police.
“Yes. That is how I ended up taking my pants off because they were dirty. The police took the trousers.”
The trial concluded early as the court officials requested to attend a memorial service of a colleague.