Lawyer for Meyiwa accused argues evidence was tampered with

28 April 2022 - 15:23
By Penwell Dlamini
The suspects accused in Senzo Meyiwa's murder appearing in court 28/04/2022.
Image: ANTONIO MUCHAVE The suspects accused in Senzo Meyiwa's murder appearing in court 28/04/2022.

Lawyers representing the accused in the Senzo Meyiwa case have started poking holes in the evidence  presented by the state’s first witness, Sgt Thabo Mosia, a field crime scene worker, arguing that evidence had been tampered with before he arrived.

 Mosia took the stand again on Thursday as he was cross-examined about the scene that he found when he arrived at Meyiwa’s then girlfriend’s Kelly Khumalo’s home.

Mosia testified that he arrived at the scene 20 minutes after midnight after being called by Brig Ndlovu who was already on the scene. Mosia told the court that he left at 2am and later returned at 5am, only to leave at 1pm on October 27 2014.

Mosia had earlier testified that there were five adults and two children who were moved to bedroom two of the house. He said he moved the people there to ensure that no-one moved around the crime scene.

“Why did you not take pictures of the bedroom from the inside? …I therefore put it to you that it is true, there was no-one here,” said Adv Maselela Teffo, for accused 1 to 4.

Teffo argued that the people  Mosia was talking about left the home and went to sleep at a house in Mulbarton.

Mosia told the court that before he  arrived on the scene a meeting was held at the house between senior police generals, government officials and the family.

Among those who allegedly attended that meeting was Maj-Gen Shadrack Sibiya, who was working for the Hawks at that time, and MEC  for community safety Sizakele Nkosi-Malobane.  Teffo alleged that it was in that meeting that  Ndlovu was assigned to “manage” Mosia and the scene.

“I put it to you, the evidence you collected on both occasions were staged. You being oblivious of this tampering of the scene, you did your job. You were oblivious that these things were planted,” Teffo said.

Mosia maintained his version that the scene had not been tampered with when he arrived. He confirmed that there were other officers  present but they were never introduced to him.

Teffo further questioned why Ndlovu was the one who “pointed out” items at the crime scene to Mosia while he was not part of the forensics team.

“Ndlovu knows nothing about forensic… He only related the crime scene to me. He pointed out information in the crime scene so that I can take over,” Mosia said.

Meyiwa was killed at  Khumalo’s home in Vosloorus, on the East Rand, in an alleged robbery that shocked the nation.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli have been charged with his murder. The five face charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition.