LIVE BLOG | First gun tested by Mangena did not fire bullet that killed Senzo Meyiwa

Ballistics expert Lt-Col Chris Mangena has taken the stand in the Senzo Meyiwa trial today. 

Lt-Col Mangena will focus on evidence linked to the firearm believed to have been used to shoot and kill the former soccer star. 

Five men are currently on trial for the murder of the soccer star who was shot and killed at his girlfriend Kelly Khumalo's home in Vosloorus on Gauteng's Eastrand in 2014.

The accused have all pleaded not guilty to the charges.

10:00 - TRIAL RESUMES FOR THE DAY

10:15 - State prosecutor Adv George Baloyi starts off by explaining to the court that today's witness will be using a chart as part of his testimony, the firearm registry, downloads from a cellphone found on accused no 3 as well as the firearm in question. 

Reading from his 22-page affidavit dated 5 November 2014, Lt-Col Magena introduces himself as a forensic analyst and crime scene reconstruction specialist and lists the vast ballistic-related qualifications he has acquired over almost three decades in the SAPS.

Adv Baloyi: Can you mention some of the noteworthy cases you were involved in?

Lt-Col Magena: ...I was involved in the crime scene reconstruction of the Oscar Pistorius case. I also did the Luke Tibetts', a toddler who was struck by a bullet while on his mother's lap...I was also involved in the reconstruction of the Babita Deokaran case.

Adv Zandile Mshololo interjects and questions the relevance and the accuracy of the information. 

Judge Ratha Mogoatlheng explains that the witness' listing his previous cases speaks to his experience. 

10:41 - Lt-Col Magena resumes reading from his affidavit.

Adv Baloyi: Do you remember what time you arrived at this address [Khumalo residence]?

Lt-Col Magena: I can't remember what time I arrived cause I received the call just after 10 and arrived after 11.

Referring to images before the court, Lt-Col Magena explains that upon examination of the kitchen, he noted two areas that could've been damaged by the bullet; the door and floor tile. He explains that the bullet did not perforate the door but ricochet.

10:50 - Lt-Col Magena tells the court that he was informed that two spent bullets were recovered in the kitchen, one on the floor and the other on the kitchen counter.

10:52 - Lt-Col Magena: During the examination, I took measurements of the bullet damage...I took the height of the bullet hole which was approximately 1.2-metres high.

"I did the same for the bullet hole on the floor. The distance from the wall to the bullet hole on the floor was 1.19m."

10:57 - Lt-Col Magena tells the court that on the 28th of October 2014, he attended the post-mortem conducted by pathologist, Dr Johannes Steenekamp. 

11:00 - Lt-Col Magena says when examining the clothing of the deceased [Meyiwa], he found a bullet hole on the chest area of the shirt and vest.

"I examined the wound on the chest...the wound had characteristics of a gunshot wound...My lord, I want to explain to the court how a firearm works." Lt-Col Magena then proceeds to demonstrate to the court. 

11:10 - Lt-Col Magena states the hole on the shirt and vest of the deceased indicates that he [Meyiwa] was shot at close range. He adds that the firearm was in 'loose contact' with the deceased. 

11:15 - Lt-Col Magena: The exit wound was irregular shaped bullet wound. The entrance wound measured at 1.34m while the exit wound was at 1.26m

"Looking at the position of the wounds, it is a downward trajectory."

Lt-Col Magena tells the court that after examining the crime scene and the body of the deceased, he determined that two shots were fired. 

One shot was shot directly to the floor at a 90-degree angle. "If a person was close, they would've been hit by fragments." 

11:28 - Lt-Col Magena: The other shot was fired in the direction of the door at a downward trajectory. 

Lt-Col Magena states that the bullet was not shot at a 90-degree angle and the door was half-open adding that the bullet ricocheted on the door and landed on the kitchen counter.

Lt-Col Magena further explains that the 'unstableness' of the bullet could be the result of going through the deceased [Meyiwa] before hitting the door. 

11:45 - "The most probable position of the deceased would be standing upright in the kitchen with his back towards the door.

The shooter was most probably in front of the deceased...The possibility of a struggle cannot be ruled out."

Lt-Col Magena stands by his statement and confirms its accuracy to the court. 

Asked about the time difference between the firing of the two shots, Lt-Col Magena tells the court that he could not determine the time lapse however there was a break in between the shots.

11:51 - Lt-Col Magena informs the court that on 13 November 2014, he received two evidence bags. He continues to list the contents of the bags received which included a 9mm parabellum and bullets. 

Lt-Col Magena tells the court that after testing the gun, he concluded that the bullet found at the crime scene was not fired from the firearm he tested. 

12:05 - COURT TAKES SHORT ADJOURNMENT

12:25 - COURT SESSION RESUMES

12:35 - On 1st June 2020, Lt-Col Magena was called by the investigating officer, Colonel Bongani Gininda, to find out if he can determine the identity of the shooter based on height. Lt-Col Magena responded that it is impossible as people may react differently in the situation.

Lt-Col Magena: I went to the police station, he said they have a person of interest and I said I will look at his height. He pointed to me Muzi Sibiya who is accused number 1. His height was 1.73m.

Lt-Col Magena explains that he was called to assess another person of interest, accused no 2, Sandile Ntanzi. His height was 1.86m.

"30 June 2020, I went to Johannesburg prison to meet with Col Gininda to do the same exercise with Mthobisi Carlos Mncube who is accused no 3." 

After completing the exercise, Lt-Col Magena says he asked Mncube to take off his shoes and Ncube explained that he has scars from in his youth. Mncube's height was 1.63m.

Lt-Col Magena: On the 1st of July, we went to Qalakabusha prison and the suspect was Sifisokuhle Ntuli (accused no 5) who refused to be measured.

"On the 6th of July 2020, we went to Leeuwkop Prison to see accused no 4, where we did the same exercise. His height was 1.79m"

12:50 - "After this, Gininda told me accused number 3 was arrested and a firearm was found in his possession and I should check if it's linked to our case."

Lt-Col Magena explains that after following up on the case, he found that warrant officer Roelofse tested the firearm.

Lt-Col Magena states that he then compared WO Roelofse's test with the bullet found on the scene.

13:01 - COURT ADJOURNS FOR LUNCH

14:05 - COURT SESSION RESUMES

Lt-Col Magena tells the court that he decided to retrieve the gun tested by  - Roelofse to test it using the same calibre bullet as those fired at the crime scene.

14:17 - Lt-Col Magena says on Monday 20 July 2020, he received an open seal bag containing a 9mm parabellum with an obliterated serial number and bullets.

Adv Baloyi: Before we proceed, you said you received an open seal bag. Could you explain?

Lt-Col Magena: I went to Cleveland police station to request the gun and I was told it was being sent to be destroyed however it was given to me in a box, in an open seal bag.  

Lt-Col Magena states that the bullets found in the bag [which were confiscated from accused no 3] were the same make as those found at the crime scene. 

14:35 - Referring back to WO Roelofse's affidavit, Lt-Col Magena reads: On 13 February 2015 - the exhibit was sealed in an evidence bag and was sent to ballistics. 

Back to his own affidavit, Lt-Col Magena explains that he examined the pistol and found it to be functional.

Lt-Col Magena states that he used eight test bullets including two bullets of the same make as those used in WO Roelofse's test. This was to confirm that the gun in his possession was the one Roelofse tested. Lt-Col 

14:49 - Lt-Col Magena tells the court that after testing, he found that the bullet recovered from the crime scene was fired from the gun confiscated from accused number 3 [Mthobisi Carlos Mncube]. 

Lt-Col Magena explains that he prepared the court chart [which was handed out this morning] to display his results. He then points out the similarities between the test and exhibit [crime scene] bullets. 

15:01 -  Adv Baloyi asks Lt-Col Magena to turn to the 27th of July 2020. 

Lt-Col Magena says after he returned the evidence to Cleveland police station, Col Ginninza requested the evidence to be removed from the police station because he felt it was not safe. 

Lt-Col Magena then kept the exhibit, which included the gun and ammunition, in his safe until today. 

"During the performance of my official duty, the exhibits were kept in my custody under lock and key from the 20th of July until 27 July 2020." 

15:16 - Adv Baloyi asks Lt-Col Magena to explain why there were no cartridge cases at the crime scene. 

Lt-Col Magena says there are many possibilities as to why cartridges weren't found at the crime scene, one of which is the probability that the cartridge was stuck in the gun. 

Adv Baloyi requests Lt-Col Magena to turn to the downloads of the cellphone confiscated from accused no 3 [Mthobisi Carlos Mncube].

Looking at pictures downloaded from the cellphone, Lt-Col Magena says he cannot confirm if the firearm depicted in one of the images is the one before the court, however, it is the same model. He then states that he cannot identify the other firearms depicted in the other pictures.

Adv Baloyi asks for Lt-Col Magena's comment on the discovery of the deceased's [Meyiwa] DNA on a swab of the kitchen wall.

Lt-Col Magena tells the court that the blood found on the wall, which was swabbed by warrant officer Thabo Mosia, could have been transferred from Meyiwa, by the occupants of the house, when he was carried to the car.

He adds chances for the bullet that hit the deceased to have retained any blood are slim, due to the speed it was travelling.

15:31 - COURT IS ADJOURNED UNTIL 10:00 TOMORROW