Zandile Mshololo, the defence counsel for Fisokuhle Ntuli, accused five in the Senzo Meyiwa case, has told the court that Colonel Gideon Gouws, a cell phone data analyst, did not obtain information about her client from the network provider.
Mshololo made these remarks during her cross-examination of Gouws in the Pretoria High Court on Thursday.
It is day two of Gouws’ return to the stand for cross-questioning. On Wednesday, he revealed that accused four, Mthokoziseni Maphisa, maintained contact with his co-accused Ntuli.
According to Gouws, Maphisa called accused five, Ntuli, 127 times, while Ntuli called him 118 times.
“He also contacted accused one Muzikawukhalelwa Sibiya 14 times and accused three Mthobisi Mncube 48 times,” Gouws said.
However, Mshololo stated that when Gouws took over the case from retired Lambertus Steyn, the previous cellphone data analyst who testified in August of 2023, the trial had already begun.
Defence questions source of cellphone information
“You testified that you started investigating this on September 6 2023, when Gininda asked you. So when you started investigating, the trial had started,” said Mshololo.
Gouws agreed.
“You did not get this information (on the numbers) from the service provider. And you don’t know where the investigating team got this number for Mr Ntuli.”
Gouws agreed.
“So the evidence that the number belonging to Mr Ntuli contacted accused two twice and that it contacted accused four 128 times, and that it contacted accused number one 38 times and Maphisa 118 times is not true. Because the owner of this cellphone number is not Ntuli. The owner is Lungisani.”
Judge Ratha Mokgoatlheng interjected: “How can you say that? You can’t make an assertion like that.”
“I am going to prove to you right now that your investigation team is wrong in giving you this information. I have called this number before we started. And I am going to ask with the court’s permission to call this number from my cellphone and put it on loudspeaker,” said Mshololo.
Judge Mokgoatlheng said that is not allowed. And Mshololo said the owner of the number will come to court and testify.
Relations between some of the accused
On Wednesday, the court also heard for the first time that accused one, Muzikawukhalelwa Sibiya, is Mthokoziseni Maphisa’s nephew. Also that accused three, Mthobisi Mncube, was his best friend.
Meyiwa was gunned down at his then-girlfriend Kelly Khumalo’s family home in Vosloorus, east of Johannesburg, in October 2014.
Sibiya, Bongani Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa, and Fisokuhle Ntuli are currently on trial for his murder. They have all entered pleas of not guilty.
