‘No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial
The defence sharply criticised the lack of vehicle tracking data.
Muzikawukhulelwa Sibiya (L) and Bongani Ntanzi in the Senzo Meyiwa murder trial at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe
As the Senzo Meyiwa murder trial resumed on Monday at the Gauteng High Court in Pretoria, the defence expressed frustration over missing vehicle tracking data critical to the case.
The defence team has been seeking automatic vehicle locator (AVL) data related to the arrests of accused number one, Muzikawukhulelwa Sibiya, and accused number two, Bongani Ntanzi, in 2020.
Both men allege they were assaulted and coerced into confessing about their involvement in the former Bafana Bafana captain and Orlando Pirates goalkeeper's murder while in police custody during stops made in multiple vehicles.
Meyiwa was fatally shot on 26 October 2014 at the family home of his then-girlfriend and singer Kelly Khumalo.
Senzo Meyiwa murder trial: State unable to retrieve key records
Prosecutor George Baloyi informed the court that the state had received an affidavit from an official at the City of Ekurhuleni, who reported an inability to recover the AVL data.
The vehicles in question—a white Audi A3, white BMW 125i, white Nissan NP300, and white Isuzu double cab—were assigned to a SWAT team of the Ekurhuleni Metropolitan Police Department (EMPD) during May, June, and July 2020.
No vehicle movement data could be retrieved for this period.
'He says that he conducted a thorough search within the city's fleet tracking system or that the current tracking system was only implemented after 2020.
'He states, furthermore, that there's no historical AVL data that was migrated from the previous tracking platform into the current system,' Baloyi said.
The affidavit cited several reasons for this gap in data.
ALSO READ: Will Senzo Meyiwa murder trial finally end in 2025?
Among them was a 'supplier lock-in' – a contractual dispute between the Ekurhuleni Municipality and the previous service provider that prevented access to old AVL data during a system transition.
Additionally, Baloyi told the court that the Toyota Hilux, driven by the now-deceased Sergeant Steven Mabena, also lacked tracking records.
The vehicle's log sheet was also unavailable.
'The vehicle log sheet for the month of June 2020 was searched and could not be traced from the storage, and the person who may have been in a better position to assist in this matter is now deceased.
'Furthermore, the said motor vehicle was involved in an accident on 23 September 2022, where Sergeant Mabena lost his life, and was sold as scrap as a result of the accident.'
Watch the trial below:
The Volkswagen (VW) Polo Golf driven by Constable Sizwe Zungu, who previously testified he 'partied' with all five accused at a Vosloorus hostel just hours before Meyiwa's death, was also without AVL tracking data.
An affidavit from a police fleet manager in the Ekurhuleni district confirmed that logbook records for the vehicle could not be found.
'He says he went into the storeroom, he checked, but unfortunately he couldn't find any record or log books of this vehicle.'
The AVL records of the Toyota Fortuner that transported Ntanzi to North West have already been presented to the defence and submitted to the court.
Defence decries lack of evidence
Advocate Charles Mnisi, representing Sibiya, sharply criticised the lack of vehicle tracking data, stating that it is crucial to his client's defence.
'It is just not enough for somebody to pen an affidavit and say I am unable to get the information here and, therefore, the story must end. No, it does not work like that,' he said.
'They must go deep because these AVL records are central to a just decision in this matter as it relates to the accused's case, without which the accused would not have a fair trial.'
READ MORE: Senzo Meyiwa trial: Cop says NPA did not refuse to issue arrest warrant for Kelly Khumalo
Mnisi insisted the AVL data for Zungu's VW Polo Golf must be produced, arguing that relying on log books alone was unreliable.
'We are not looking for log books because there is a propensity of information being falsified in log books, and I'm saying this with due respect.
'That happens a lot, so that will not give a clear picture of the destinations, directions and places that this motor vehicle went to on the alleged dates,' he said, adding that 'even in the police, things go missing'.
Defence demands witness testimony in Senzo Meyiwa murder trial
Mnisi further questioned how no tracking data could be found despite prior statements from Brigadier Bongani Gininda, the lead investigator, indicating that all vehicles were equipped with tracking technology.
'It is not only surprising, but it confirms our view that we held all along that we could not have actually expected our prosecutors to become our redeemers and saviours at the same time.
'This is exactly what is happening, and I pray that it does not come to that. There's no proper investigation that was done here.'
He urged the court to summon those who submitted affidavits to testify in court.
'The people who penned these affidavits should either come to court here to give their explanation, be cross-examined or be assisted on how to conduct this investigation rather than to simply accept on the face of it.'
The defence lawyer added that the Toyota Hilux vehicle, which was involved in an accident, was 'neither here nor there'.
'Unless the state wants us to believe the accident also took away the records that are stored in their system, which would be very unintelligent.'
NOW READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial
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