The Senzo Meyiwa murder trial resumed at the Pretoria High Court on Tuesday, with advocate Charles Mnisi, representing accused number three Mthobisi Mncube, filing an application to have his client undergo a dental examination.
This comes in response to new evidence introduced by the state last week, including photographs allegedly showing Mncube with a gold tooth, which the defence seeks to rebut.
Critical to counter state’s claims
Mnisi argued that a dental report is critical to counter the state’s claims.
He emphasised that the prosecution has possessed this evidence for years but failed to disclose its intended use until recently.
“The state, and when I say the state, I mean the police, has had this information for nearly 10 years. The prosecutors have had this information for almost five years,” Mnisi told the court.
“Those photos are depicting the applicant smiling, with dreadlocks and a striped T-shirt. What is notable is that the state never indicated the purpose that they intend to use this information for,” he added.
Advocate Mnisi further explained that the purpose of the evidence only became clear after the court granted the state permission to use it.
Mnisi quoted Section 35 of the Constitution, which guarantees the right to a fair trial, including adequate time to prepare a defence.
“The applicant [Mncube] had no idea that 23 months after the trial started, he would be confronted with new evidence. He had to start preparing his defence as if this trial was starting,” he said.
Request for more time
Additionally, he highlighted the simplicity of his application.
“We are not requesting anything fancy or trivial. All we are asking for is time to prepare our defence.”
Mnisi also said another accused, Muzikawukhulelwa Sibiya, had previously been examined by Dr Hlokwe. The doctor testified that Sibiya never had a gold tooth, providing a precedent for the requested dental examination.
Advocate Sipho Ramosepele, representing accused number two, supported Mnisi’s application. He reinforced the constitutional argument.
“The Constitution guarantees the right to a fair trial even in criminal proceedings,” Ramosepele stated.
The court will now consider Mnisi’s application for the dental examination.
The trial continues.
