Adv Zandile Mshololo has asked the court to postpone the cross-examination of state witness Sgt Thabo Mosia to allow her to read the other docket which accuses Kelly Khumalo and other people who were in the house of being responsible for Senzo Meyiwa's murder.

For the first time in her cross-examination, Mshololo mentioned the docket which was used extensively by Adv Malesela Teffo, who represents four of the accused, during his cross-examination.

Mshololo lifted the thick file in her hand, informing the court that she had just received it on Wednesday morning from the state and needs to go through it.

This is the docket which was opened in January 2019 at the Vosloorus police station, five years after Meyiwa had been killed.

In the docket, the director of public prosecutions South Gauteng wanted Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala and Maggy Phiri to be charged with murder and defeating the ends of justice.

However, the director of public prosecutions North Gauteng took a decision based on the docket opened the year Meyiwa was killed, that the five men on trial in the Pretoria high court had to answer for the murder.

Last week, Teffo told the court that in the docket opened in 2019, Khumalo, who was Meyiwa’s girlfriend, allegedly shot Meyiwa by mistake and then she and the others hatched a plan to hide what had happened and say that a robbery had taken place.

Mshololo said she wants time to study the document in order to understand why two directors of public prosecutions arrived at a different conclusion on a similar crime that was committed.

She said the state’s decision to only give her the docket on Wednesday violated the rights of her client.

“The non-disclosure of such document to accused number 5 violated my client’s rights to be given further particulars, all information that is in possession of the state in order to be able to prepare his defence.

“Now the whole docket is only disclosed when the trial has already started. Accused number five has been prejudiced by the behaviour of the state, as a result…I need to go [and] read the docket and consult with my client before  I can proceed,” Mshololo said.

Earlier Mshololo questioned Mosia as to why he did not investigate what had happened to the cellphones that were stolen from the witnesses on the day of  Meyiwa’s killing.

Mosia could only reply by saying: “I cannot answer”.

She further questioned why Mosia left the crutch stick which one of the witnesses said had been used to hit one of the suspects.

“This crutch belonged to one of the people who were inside the house, hence I felt it not necessary to do any investigation on it,” Mosia said.

The defence has been trying to prove to the court that the scene Mosia attended to on the day Meyiwa was killed had been contaminated and that the evidence the forensic expert gathered was compromised.

Meyiwa was killed at his then girlfriend Kelly 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 illegal possession of ammunition.