The state intends to call a dentist who examined accused number three to testify in the Senzo Meyiwa murder trial at the Pretoria High Court.
State prosecutor George Baloyi made the disclosure on Wednesday when the court reconvened so that police Brigadier Bongani Gininda, the lead investigator, could testify.
Baloyi stated that the state is also seeking footage of Longwe Twala, who was present in the house during Meyiwa’s death on October 26, 2014.
Despite claims that Twala shot himself in the foot the night before, the footage that is with the eNCA, a television news channel, shows him walking “normally” the day after Meyiwa’s death.
Dentist not on original list of witnesses
However, defence counsel, advocate Charles Mnisi, highlighted that the dentist was not included in the state’s original list of witnesses.
According to Mnisi, the prosecution cannot introduce the dentist as a witness at this stage of the proceedings.
“The state argues that because Dr Ali is employed by them, he automatically qualifies as their witness; however, this is not the case,” Mnisi said.
“If the state wanted to use Dr Ali as their witness, they should have made it a point that Dr Ali does what the defence requested he do, which is to assess Mr [Mthobisi] Mncube.”
He went on to assert that the defence initiated the process of having Mncube assessed by a dentist. “The defence approached Dr Ali, who works for the state, to serve as a witness.
“There are numerous witnesses on the state’s witness list that the defence would have liked to consult, and we are confident they would have provided evidence favourable to the defence; however, we cannot approach them because they are listed as state witnesses,” he added.
Reliance on Twala footage questioned
Advocate Sipho Ramosepele, who represents accused number two in the case and supports Mnisi, stated that he does not understand how the state can rely on a video when Twala is still alive.
“A witness like Mr Gininda for this purpose is not going to assist the court or ourselves in knowing that the person depicted in the video that the state wants to present is Longwe Twala,” said Ramosepele.
“I do not know Longwe Twala, the court does not know Longwe Twala, and my colleagues do not know him.
“Why the state decided to withdraw Longwe Twala is their business, but the point that I am making is that Twala is still alive and kicking.
“From what the media is saying, he is sobering up from whatever is afflicting him so he can be a witness and asked if he was shot at.”
The trial continues.
