By Lehlohonolo Lehana.
The North Gauteng High Court witnessed the back-and-forth between the state and the defense over what the state has termed “inaccuracies” in the witness statements that they wanted to clarify before the state could conclude Mthokozisi Thwala’s testimony.
Thwala has earlier this week told the court that he made more than two statements since the former Orlando Pirates goalkeeper, Senzo Meyiwa’s murder in October 2014.
According to the state, some “inaccuracies” were picked up, which warranted the witness to clarify before he could be handed to the defense for cross-examination.
This submission was met with strong objections by the defense who argued that the state was being pre-emptive in its approach since the witness has not made any contradictory statements “here in court”.
Before finishing Thwala’s evidence-in-chief, prosecutor advocate George Baloyi said he wanted to take the witness through certain inaccuracies between his testimony and various statements he made to police after the shooting.
While this was objected to by some of the legal representatives of the accused, following arguments, Judge Tshifhiwa Maumela overruled the objections.
Baloyi then took Thwala through three different police statements and pointed out the discrepancies, asking him to comment on each.
Statement taken on 27 October 2014
In his first statement following the murder of Meyiwa, Thwala said a suspect with the firearm had uttered certain words, including an expletive which was not repeated in court.
During his testimony in court, Thwala did not mention the expletive and said the suspect demanded their cellphones and money.
In the police statement, Thwala said Longwe Twala, who was at the house when Meyiwa was shot, had grabbed, and let go of the firearm which was still in the suspect’s hand.
In court, Thwala said Twala went towards the suspects pushed past them and left the house before the shooting occurred.
Thwala also told police Tumelo Madlala, Meyiwa’s girlfriend, Kelly Khumalo, and her sister, Zandi Khumalo, had taken the soccer player to the hospital after he was shot, and he could not remember who the fifth person was who was driving with them.
In his evidence-in-chief, Thwala said there were five people in the vehicle, including Meyiwa.
Statement taken on 14 December 2017
More than three years later, police took another statement from Thwala about the incident.
In the statement, Thwala said the first suspect to come through the door, the one with the firearm, was wearing a hoodie jacket and that he could see the suspect had dreadlocks as they were protruding by his ears.
He said the second suspect was wearing a hat.
In his testimony before court, Thwala said the first suspect was wearing a hat and had dreadlocks, and the second suspect was wearing a hoodie jacket.
Thwala said police must have confused the two suspects while the statement was being taken.
Statement taken on 27 January 2017
In this statement, he said he identified one of the men in the line-up as one of the two suspects in the house when Meyiwa was shot and killed.
However, in his testimony, Thwala said he only pointed out a person who had similar features as one of the suspects but stressed that he did not say it was one of them.
He said the wording in the statement was wrong.
Thwala had previously testified after the two suspects entered the house, there was a scuffle in the kitchen between the two men, Meyiwa, Madlala, Zandi and Khumalo’s mother.
During the scuffle, a gunshot went off. Thwala then ran to the neighbours and later returned to the house to find Meyiwa lying in the TV lounge with a gunshot wound to his chest.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for Meyiwa’s murder. They are also charged with attempted murder, robbery with aggravating circumstances, possession of firearms without licences and possession of ammunition. All have pleaded not guilty.
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