Late policeman denies in statement he was in charge of Meyiwa crime scene

The late Brig Philani Ndlovu, through a statement he made before his death in May this year, denied that he was in charge of the crime scene where Senzo Meyiwa was murdered in 2014.

Sgt Thabo Mosia, who is now on the stand in the murder trial, had testified that Ndlovu was in charge and pointed out the crime scene and evidence in Vosloorus.

“I did not point any scene or exhibits to him as I was not in charge of the scene,” said Ndlovu’s statement.

Ndlovu, who died in May this year after an illness, had retired from the police service.

Pretoria high court judge Tshifhiwa Maumela on Tuesday allowed the statement by the deceased to be used as hearsay evidence during the cross-examination of Mosia. The ruling came after Zandile Mshololo, advocate for one of the five accused men, made an application.

Mosia had told the court that he was called by Ndlovu on the night of the murder. Mosia testified Ndlovu failed to provide him with the address of the crime scene.

Mosia said after finding the address through his own means, he found Ndlovu at the scene. Mosia testified Ndlovu explained to him what happened and pointed out key areas as he investigated.

Mosia said when he left the crime scene, he “handed it back” to Ndlovu.

However, Ndlovu’s statement — which was read into the record — says otherwise, contradicting Mosia’s testimony.

“I did not also tell him to go to the hospital as when I called him I was already at the crime scene. 

“It might happen that he was called by other numbers from the station using a private number because my cellphone was not used in a private mode,” read Ndlovu's statement.

In the statement, Ndlovu said he was a major-general in the SAPS, stationed at the provincial office as deputy provincial commissioner of crime detection.

Ndlovu further said that he was called on the day of the incident between 9.45 and 10pm by a Col Mokgope, who informed him that there had been a shooting in Vosloorus.

Ndlovu said he asked for directions to the scene and was told to meet the team at Botshelong-Empilweni hospital in Vosloorus, where the victim was.

“I proceeded to Botshelong where I met Col Mokgope and learnt that the deceased had been declared dead on arrival at the hospital.

“We proceeded to the scene where we found Vosloorus (police). The member in charge was Capt Zwane,” Ndlovu's statement read.

Ndlovu said Zwane briefed the team about the scene and that there were no  photographers or crime scene experts there.

“I then contacted Vosloorus police station to ask for the contact numbers of the person that was on standby so that I could call him. They gave me the contacts as per Vosloorus duty list, they gave me the numbers but I could not remember the person's name.

“I called the number and gave the address of the crime scene. When he arrived, he found me at the gate and I showed him Capt Zwane, who was in charge of the crime scene,” Ndlovu's statement read.

However, Mosia disagreed.

“I think there is a mistake. I can defend myself by [showing] that he even signed my scene report to confirm that he was with me at the crime scene, assisting me and pointing out things,” Mosia said.

Mosia also disputed that he was given the address to the crime scene by Ndlovu.

“I disagree with that. I have already said how I got the call and how I ended up at the scene of the crime,” Mosia said.

The matter has been rolled over to Wednesday.

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