By Lehlohonolo Lehana.
Advocate Charles Mnisi representing the third accused, Mthobisi Mncube has told state witness and ballistic expert Lt-Col Christian Mangena that the defence’s ballistic expert will testify that the individual markings found on the bullets tested are not sufficient enough to make conclusive findings.
In August last year, Mangena said the 9mm gun that was found on Mncube when he was arrested in 2015 for separate matters is the same one that killed Meyiwa.
He testified at the time that he was able to determine this after examining the projectile found on the kitchen counter at the crime scene and test bullets fired from the gun found in Mncube’s possession.
During the preceedings, Mnisa said, “Our expert came to the conclusion that the insufficient markings on the test bullets when compared with the bullet at the crime scene show that you cannot conclusively say these two items are matching.
“There is an inconsistent transfer of marks to the test bullets and scene bullets. This is a borderline case.”
Mangena disputed Mnisi’s argument.
“The individual markings found on the test bullets are sufficient enough to make conclusive findings,” said Mangena.
“If this is a borderline case, then my four colleagues [who confirmed my results] would not have seen what I saw.”
Presiding Judge, Ratha Mokgoatlheng, has requested that those officers also be called to testify in court.
“I’ve listened to the evidence. Normally, my discretion should be used at the end of the cross examination. But because of the nature of the evidence which has been led here, ballistics, I intend calling the four, four persons who you say assisted you.”
Shortly after the response, Mnisi asked Mokgoatlheng for the matter to stand down so that a laser pointer can be obtained to assist Mangena with using it to demonstrate exhibit test bullets that are beamed on a computer screen displayed in court.
Mokgoatlheng agreed for the court to adjourn for 30 minutes.
When the proceedings resumed, Mnisi told Mokgoatlheng that the state prosecutor, advocate George Baloyi and the defence lawyers had agreed that the matter should adjourn until Monday.
This will allow Mangena to go back to his laboratory and prepare a marked chart to demonstrate his findings.
“We have agreed that Mangena should go to his office, revisit his laboratory, and prepare us a properly marked chart,” said Mnisi.
“He will show us the markings of the exhibit bullets and scene bullets and show us how they correspond with test bullets.
“This is not feasible for him to do within two hours because he has to open his computer and go through the whole exercise again.”
Baloyi confirmed the agreement, and Mokgoatlheng postponed the matter to Monday.
Meyiwa was shot and killed at the house of the mother of his then girlfriend, singer Kelly Khumalo in Vosloorus, on the East Rand. The incident happened on October 26, 2014.
The people who were present in the house during the murder were Kelly, Kelly’s sister Zandile and their mother Gladness. Meyiwa, Zandile’s boyfriend at the time Longwe Twala, and Meyiwa’s close friends Tumelo Madlala and Mthokozisi Twala were also present.
Muzi Sibiya, Bongani Ntanzi, Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are charged with the murder. They face charges of premeditated murder, attempted murder, robbery with aggravating circumstances. Also possession of firearms without a licence and possession of ammunition.