The emergence of a second docket during the Senzo Meyiwa murder trial this week could compromise the state’s case against the five men accused of murdering the Orlando Pirates and Bafana Bafana skipper.
On Wednesday, Judge Tshifhiwa Maumela granted a request by one of the defence lawyers and postponed the case until tomorrow, despite the state prosecutor Advocate George Baloyi’s objections.
“The matter is postponed until Monday ... to allow the advocate to consult with her client with the emergence of the second docket,” Maumela said.
This was after Advocate Zandile Mshololo, the lawyer of accused number five Sifiso Ntuli, halted her cross-examination of state witness and forensic expert Thabo Mosia.
READ: So, who really killed Senzo?
The court heard that, in a parallel investigation into the soccer star’s murder, suspects who are not the five men currently in the dock were investigated. Mshololo asked the court for time to consider the contents of the second docket and determine how that would affect her client’s case.
She revealed that, while questioning Mosia, her attention was drawn to the docket in which singer Kelly Khumalo, who was Meyiwa’s girlfriend at the time of his death, was implicated as one of the suspects in the murder.
Meyiwa was gunned down at Khumalo’s mother’s house in Vosloorus on October 26 2014.
Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala and Maggie Phiri are all identified as suspects in the second docket.
READ: Second docket implicates Kelly and others in Meyiwa murder, court told
“As a result of the contents in this document, it shows that there is a conflict of interest. But I cannot make that a submission before I can get confirmation from the author of this document [and] before I continue with the cross-examination,” she said.
Mshololo’s revelations appear to corroborate an indictment issued by the then deputy director of public prosecutions Johan du Toit in 2019, following extensive investigations by senior police detectives Joyce Buthelezi and Meshack Makhubo that pointed a finger at the people who were in the house on that fateful night.
“Count 1: In that upon or about October 26 2014 and at or near Boksburg in the subdistrict of Ekurhuleni, the accused who acted as perpetrators or accomplices or accessory after the fact, unlawfully and intentionally killed Senzo Meyiwa, an adult person, by shooting him,” reads the document. Defeating the ends of justice is listed as the second count.
Mosia cites that he did not see a need to take DNA sample of the walking stick found on the crime scene.
The court also heard that Mosia admitted in an affidavit that the crime scene could have been tampered with by those who were in the house before he arrived. However, he said Buthelezi did not mention to him that the written statement was in relation to the 2019 case – the second docket was opened five years later.
He claimed to not know about the second case.
“I would like to complain about the situation regarding the statement … Colonel Joyce Buthelezi did not mention the purpose of the statement … She did not go into detail regarding a position with the crime scene management office,” Mosia said during cross examination.
He was also grilled about a crutch found in the house, which is believed to belong to Gladness. It was allegedly used by the alleged robbers to hit one of the suspects.
READ: State witness’ qualifications questioned in Senzo Meyiwa trial
Mshololo read a statement by Zandile Khumalo, which stated that the crutch was used and left at the crime scene.
Mosia admitted that he did not take a DNA sample from it, despite it forming part of the state’s photographed exhibits.
“As I have explained before, the crutch belonged to one of the people in the house, and I did not think it was necessary to take samples from it.”
The five suspects – Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokozisi Maphisa and Ntuli – have all pleaded not guilty to the charges of murder, attempted murder, armed robbery, possession of an unlicensed firearm and possession of ammunition.
The trial resumes tomorrow.