Judge allows statement by deceased cop in Senzo Meyiwa trial

Judge Tshifhiwa Maumela of the Pretoria high court has allowed a statement by deceased Brig Philani Ndlovu to be used as hearsay evidence during cross-examination of a police witness in the Senzo Meyiwa murder trial.

Forensic police officer Sgt Thabo Mosia is due to resume his testimony in the trial of five men accused of the 2014 murder of the well-known footballer in Vosloorus.

“It is in the interest of justice that the content of this statement be read to the witness for him to respond. The nature of the evidence is about the crime scene,” said defence advocate Zandile Mshololo.

“It is the contradictions or submissions made in this statement which are not according to what the witness has testified about before this court. It’s for him to respond on those contradictions I have noted in this statement. The probative value of the evidence is to test the credibility of the testimony of the witness who is before this court.”

The commissioner who deposed the statement in July 2019 will be called to court to confirm the authenticity of the statement, she said.

While the state opposed the application, the judge ruled in favour of the defence, saying it was in the interests of justice.

The court has previously heard Ndlovu had called Mosia to respond to the crime scene. Mosia said he found Ndlovu on his arrival at the house, and he pointed out key evidence to him as he worked the scene.

Earlier on Tuesday, Maumela ruled Mshololo’s special entry application was an “unwise” use of time. After going into chambers, Maumela said both parties had agreed she would no longer pursue the application in the interest of the trial. Heads of arguments were submitted.

Mshololo on Monday argued her client’s rights were impeded by the existence of another docket, as it could have helped him better prepare for trial ahead of pleading. The 2019 docket fingered the occupants of the house for Meyiwa’s murder.

The current accused were identified in May 2020. Muzikawukhulelwa Sibiya‚ Bongani Sandiso Ntanzi‚ Mthobisi Prince Ncube‚ Mthokoziseni Ziphozonke Maphisa and Fisokuhle Nkani Ntuli have pleaded not guilty to murdering Meyiwa.

TimesLIVE