The state presented fresh evidence during Friday’s re-examination, which the defence in the Senzo Meyiwa murder trial has objected to.
Brigadier Bongani Gininda, the chief investigator, was re-examined by state prosecutor Advocate George Baloyi at the Pretoria High Court.
According to Baloyi, there has been a problem with the identification and description of the suspects who broke in on the night of Meyiwa’s death.
Focus on cross examination
“We therefore submit, my Lord, that the identification and description of the suspects that intruded the Khumalo home on 26 October 2014 has been the main issue of the cross examination of Brigadier Gininda, and therefore falls within the ambit of section 166 (1) of Act 51 of 1977 as being any matter raised during the cross examination of that witness,” he said.
Baloyi added that the state believes that the identification of the attackers who broke into the Khumalo residence may be determined with the help of the images of accused numbers two and three.
“The photos will serve to put a full and fair picture before court. Even if the re-examination of Brigadier Gininda on these additional photos can be regarded as new evidence that did not arise out of cross examination, we submit that the new evidence can still be canvassed with the court and may allow further cross examination on the new evidence,” he added.
Baloyi revealed that there is footage that the state is waiting for from eNCA regarding the proposition made earlier. It was put by the late advocate Thulani Mngomezulu to the witnesses that the deceased was shot by Longwe Twala and in the process he shot himself in the foot.
Footage evidence
“There is a footage available that we want to show the court. We have started this process since December 2024 to obtain the footage but there is a certain procedure involved,” he added.
“We submit, my Lord, that the state be allowed to re-examine the witness on these additional photos.”
Judge Ratha Mokgoatlheng said he will accede to the application by defence so that people can see that the court is fair.
It has been 10 years since Meyiwa was killed at the Vosloorus home of his girlfriend, singer Kelly Khumalo. Five men accused of his murder are charged with premeditated murder, attempted murder, armed robbery, and illegal possession of firearms and ammunition.
All five have entered not guilty pleas.
The trial continues.
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