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The Citizen
2 days ago
- The Citizen
Defence raises concerns over new evidence about Longwe Twala in Senzo Meyiwa murder trial
The state is awaiting a two-minute video clip from a broadcaster. State Prosecutor George Baloyi is seen at Pretoria High Court on 15 September 2022. Picture: Gallo Images/City Press/Tebogo Letsie There was an exchange in court on Friday as the defence in the Senzo Meyiwa murder trial challenged the state's attempt to introduce new evidence. Proceedings resumed in the Pretoria High Court, following the conclusion of cross-examination of lead investigator Brigadier Bongani Gininda. State seeks to introduce new evidence in Senzo Meyiwa murder trial During proceedings, state prosecutor George Baloyi sought to re-examine Gininda regarding additional photographs retrieved from the cellphones of accused number two, Bongani Ntanzi, and accused number three, Mthobisi Mncube. 'The role purpose of such re-examination is to put a full and fair picture before the court to enable the court to adjudicate on the issues that are in dispute namely the identity of the perpetrators who invaded the Khumalo home on the 26th of October 2014 and killed the deceased. 'It is, therefore, our submission that the evidence is relevant,' he said. Baloyi explained that the defence opposed this move on the grounds that it constituted new evidence not previously addressed. ALSO READ: 'This is what happens in a SA run by blacks': Senzo Meyiwa trial judge fires off explosive rant However, he argued that it was the defence that raised the issue of the accused's identity during Gininda's cross-examination, which justified revisiting the matter. 'Even if the re-examination of Brigadier Gininda on these additional photos can be regarded as new matters that do not arise out of cross examination, we submit the new evidence can still be canvassed with the leave of the court and may allow further cross examination on the new evidence.' He also pointed out that legislation governing hearsay evidence permits its provisional admission, provided the individuals who obtained the data are recalled to testify. The court previously heard that Mncube, also had photos of guns, ammunition, an axe and a panga on his phone. One image with a firearm was saved under the name 'my killing machine'. Furthermore, Baloyi revealed that the state is awaiting a two-minute video clip from broadcaster eNCA. The footage relates to a claim previously made by late defence lawyer Thulani Mngomezulu during Gininda's testimony that Meyiwa was shot by Longwe Twala, the son of renowned music producer Sello 'Chicco' Twala. Mngomezulu had also alleged that Longwe accidentally shot himself in the foot during the incident. 'There is footage available that we want to show the court. READ MORE: 'No proper investigation was done': Defence frustrated over missing evidence in Senzo Meyiwa murder trial 'We have started this process since December 2024 to obtain the footage but there is a certain procedure that is involved.' Baloyi explained that a Section 205 application, authorised by the National Director of Public Prosecutions (NDPP), Shamila Batohi, was granted to gain access to the footage. 'A section 205 subpoena was issued for the footage but there has been toing and froing with the legal representative from eNCA, but two days ago they undertook to furnish the state with the footage.' Defence pushes back as Senzo Meyiwa murder trial postponed The defence insisted that the state was introducing new evidence. Advocate Charles Mnisi, representing Mncube and accused number one, Muzikawukhulelwa Sibiya, argued that the state must make a formal application to reopen its case. 'As much as we realise that there is nothing stopping the state from adducing that evidence, but that evidence cannot be introduced through re-examination. 'Procedurally, the state needs to finalise its re-examination, make an application to lead this new evidence which needs to be contexualised in its case.' Other defence lawyers echoed similar sentiments. Advocate Zandile Mshololo, representing accused number five, Fisokuhle Ntuli, warned that bypassing proper procedure could compromise the accused's right to a fair trial. She added that Sergeant Moses Mabasa and Warrant Officer Thando Ndlovu – both of whom previously testified on data downloaded from the accused's phones – would need to be recalled. 'The new evidence cannot be introduced through this witness [Gininda],' Mshololo told the court. Judge Ratha Mokgoatlheng ultimately ruled in favour of the defence. The trial is set to resume on Monday. NOW READ: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial
The Citizen
27-05-2025
- The Citizen
Senzo Meyiwa murder trial postponed as defence seeks more evidence from state
The defence also intends to recall two state witnesses. State Prosecutor George Baloyi is seen at Pretoria High Court on 15 September 2022. Picture: Gallo Images/City Press/Tebogo Letsie The Senzo Meyiwa murder trial has once again been postponed, following a request by the defence for additional information from the state. The trial resumed on Tuesday in the Gauteng High Court in Pretoria, but was adjourned until next week. The delay comes as the defence seeks access to automatic vehicle locator (AVL) data linked to the cars used in the arrests of the accused. AVL technology shows real-time information about a vehicle's status, including whether it is switched on or off, in motion or stationary, its speed, location, and date. Earlier in the trial, the defence contended that police made multiple stops on different days during which accused one, Muzikawukhulelwa Sibiya, and accused two, Bongani Ntanzi, were allegedly assaulted and coerced into confessing to their involvement in Meyiwa's murder. Senzo Meyiwa murder trial delayed During Tuesday's court proceedings, state prosecutor George Baloyi requested a postponement until next Monday, citing the need for more time to obtain AVL records for several vehicles. 'The challenge is in obtaining the information from the service provider,' Baloyi told Judge Ratha Mokgoatlheng. He explained that accessing the AVL records would require Section 205 applications. Section 205 of the Criminal Procedure Act allows investigators the right to access information which is not in the public domain. 'The date of Monday was arranged, keeping in mind that there are these processes that must be followed. 'It's not just a question of calling the service provider to request the AVL. They only release them on the strength of a subpoena, which must be issued by a magistrate,' Baloyi clarified. ALSO READ: Senzo Meyiwa trial: Cop says NPA did not refuse to issue arrest warrant for Kelly Khumalo Constable Yul Craig Liesering informed the court that two of the four vehicles, including a Nissan van, in question had been written off. Brigadier Bongani Gininda, the lead investigator in the Meyiwa murder case, confirmed that the supporting documents verifying this will be provided.' 'We will make it available to the defence to confirm that these vehicles got involved in an accident, who was the driver who then unfortunately passed away and it will be accompanied by a photo album,' he said in reference to the Nissan driven by the late Sergeant Steven Mabena. Gininda also stated that the red Volkswagen (VW) Golf used during Sibiya's arrest was parked outside the court, but was not equipped with an AVL tracker. The AVL records of the Toyota Fortuner that transported Ntanzi to North West have already been presented to the defence and submitted in court. Defence plans to recall witnesses Baloyi also informed the court that defence lawyer, Charles Mnisi, intends to recall two witnesses – police officer Sizwe Zungu and Ntanzi's acquaintance, Msizi Jack Buthelezi. The state is opposing this move. 'He must still expatiate on the reason for requesting the recall of those witnesses, but the information that he is going to receive will enable him to make a call as to whether or not he is still going to persist with that application,' Baloyi said. Zungu had previously testified that he 'partied' with all five accused at a Vosloorus hostel just hours before Meyiwa's death on 26 October 2014. READ MORE: 'That is the law': Judge intervenes as lawyers squabble in Senzo Meyiwa murder trial His testimony forms part of the state's attempt to establish the whereabouts of the accused on the night the former Bafana Bafana captain and Orlando Pirates goalkeeper was shot dead. The incident occurred at the home of Meyiwa's then-girlfriend, singer Kelly Khumalo's mother. The defence has requested the AVL records of the car Zungu used on the day in question. The trial is scheduled to resume on Monday. Five men charged in Senzo Meyiwa murder trial Five men — Sibiya, Ntanzi, Mthobisi Mncube, Mthokoziseni Maphisa and Fisokuhle Ntuli — are on trial for Meyiwa's murder. The accused have been charged with murder, attempted murder, robbery with aggravating circumstances, possession of an unlicensed firearm, and possession of ammunition. All five men have pleaded not guilty. NOW READ: Senzo Meyiwa murder trial won't be affected, says police after investigator escapes armed robbery
