Defence wants all photos downloaded from Mthobisi Mncube's cellphone

The defence lawyer for Mthobisi Prince Mncube, one of five men on trial for the murder of soccer star Senzo Meyiwa, wants access to all the pictures downloaded from his client's cellphone.

The pictures were used to unmask Mncube’s dreadlocks, establish a link between the accused and showed images of large sums of money as well as guns, with one titled “my killing machine”. The phone was confiscated in 2015 when he was arrested for a taxi-related shooting.

Mncube’s lawyer, advocate Charles Mnisi, made the request during cross-examination of police witness Const Sizwe Skhumbuzo Zungu.

“I am hamstrung to proceed with my cross-examination without further information relating to the photos,” Mnisi said.

“I am also going to request that we be furnished with the disc that contains all the photos downloaded from accused three's [Mncube's] phone and also that we be furnished with accused three’s phone,” Mnisi said.

Earlier, Mnisi took Zungu through some of the photos, seeking clarity on the clothing he said was worn by the accused.

Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa's murder in on Vosloorus, Ekurhuleni, on October 26 2014.

The court has heard only a few pictures downloaded from Mncube's phone were selected for use in the trial.

Prosecutor George Baloyi said he would arrange for all the downloaded photos to be made available.

He said the case should not be delayed by this, as they could continue with other aspects. However, Mnisi said he could not do so as he was conducting his cross-examination in sequence.

“It's a sequence wherein we structure our cross-examination, we just don't do it haphazardly. It's a sequential thing, we don't move from one to seven, we move from one to two. Therefore to request us to proceed in other aspects, I don't think that's the trajectory we want to take now. We want to take it sequentially up to the point where we want to arrive,” Mnisi said. 

On access to Mncube’s confiscated phone, Baloyi said they could arrange that it be brought to court, but if they needed to examine it, this should be done in the presence of the state's analyst Sgt Moses Mabasa in court.

Baloyi confirmed the phones of accused two and five had also been confiscated. 

“The downloads have just been completed, we will be handing the downloads to the defence during this recess,” he said.

On Tuesday, there was an early adjournment as Ntuli fell ill in court, prompting judge Ratha Mokgoatlheng to rule he be examined by a doctor at Leeuwkop correctional facility. He was in court on Wednesday. The judge read his medical report without disclosing his condition.

The trial has been postponed to Thursday for the defence to access the master copy of the disc of downloaded photos.

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