Judge Ratha Mokgoatlheng has ruled in favour of the state to introduce additional photographic evidence in the ongoing murder trial of former Bafana Bafana shotstopper Senzo Meyiwa.
This after the state, led by prosecutor advocate George Baloyi, applied for presentation of the new evidence on Monday.
According to the state, the evidence is photographs of three accused, Bongani Ntanzi, Mthobisi Mncube, and Muzi Sibiya.
In a turn of events on Tuesday, Pretoria High Court Judge Ratha Mokgoatlheng said the evidence is not new to the defence, as the defence had already furnished them with it during the trial.
Evidence photos
“The state has reasons why it did not introduce this evidence earlier. As any person can see, it is thousands of photos. And the explanation given by the state is conceivably correct on the basis that it was only during the recess period, because there had to be preparation by accused one’s counsel. And that took about four months and three weeks. It was during that recess where the state alleges to have seen these photographs,” said Mokgoatlheng.
Despite his ruling, the defence counsel expressed frustration. It alleges that the state was reckless for not bringing the photos in the evidence in chief.
“My submission is that the state, at the time when it was supposed to furnish the defence with further and full particulars for accused two to prepare its defence, did not comply. It shows the state was reckless in reading and analysing the evidence the state wanted to introduce and use against accused two,” said defence counsel for accused five, advocate Zandile Mshololo.
Meanwhile, advocate Charles Mnisi stated that the state focuses on the looks of the accused instead of evidence.
Gold tooth evidence
“It is not accurate to say the state only focused on the clothing of the suspects and the dreadlocks. The suspect was described as having a gold tooth.
“When I cross-examined [lead investigator, Brigadier Bongani] Gininda, I referred him to this exhibit of suspects. The one with the dreadlocks and gold tooth.
“The issue was about the gold teeth. When the brigadier was asked about a photo with gold teeth, he referred us to photos with gold teeth. When one looks at it, a photo taken 23 November 2014 from the right-hand side of the upper teeth line, there appears to be something shining. That’s what Gininda said. One wonders whether the picture noted there is of the accused three,” said Mnisi.
The state has informed the court that Warrant Officer Elton Ndlovu will be its next witness.
The trial continues.
