By Lehlohonolo Lehana.
The Senzo Meyiwa murder trial faced another delay in the Pretoria High Court on Thursday when a dispute arose over a dental report.
This came after the state, represented by advocate Ronnie Sibanda, introduced a dental report after accused number 3 Mthobisi Mncube went to a dental specialist.
The court was expected to hear the results of a dental examination on Mncube, confirming whether or not he had a gold tooth. The state has presented a photo of Mncube, taken weeks before Meyiwa’s 2014 murder, showing him with dreadlocks and what appears to be a gold tooth.
The prosecution argues that it closely matches the description of the alleged intruder, at the home of Meyiwa’s then-girlfriend, Kelly Khumalo.
The court anticipates clarification on the dental report and the availability of important witnesses when the trial resumes on Friday.
The case revolves around the 2014 murder of Meyiwa, the adored goalkeeper for Bafana Bafana. Meyiwa was killed at Khumalo’s house in Vosloorus, which is in the East of Johannesburg.
Five men have been charged with the murder and are currently in jail. They have all pleaded not guilty to a charge of murder.
During the proceedings focus was on Sergeant Moses Mabasa’s role in identifying a photograph of the accused showing a gold tooth, raising questions about the reliability of his observations.
When advocate Charles Mnisi on behalf of Mncube, pressed whether he was given context for this unusual request, Mabasa said no. “No, we don’t usually ask questions of the investigating officer, “he replied.
“Did it not strike you as a strange request?” Mnisi asked. “No, it’s part of my duties,” Mabasa replied, unfazed.
Mnisi then challenged Mabasa’s expertise in identifying teeth, asking him to unpack his experience with teeth identification.
“I don’t have experience. All I do is rely on what I see in the picture before me,” Mabasa responded.
He likened his task to searching for a specific item, saying if he is asked to look for pictures of a loaf of brown bread, he looks for it. “If I find a loaf of white bread, then I will continue looking until I find a picture of brown bread.”
He explained that upon finding a picture with what appeared to be a gold tooth, he notified Sergeant Mogola, the requesting officer. “I asked her to come and verify, and she came.”
He described the object in the photo as something that looked like a gold tooth and began processing his report.
When Mnisi asked Mabasa to describe the shape of the object, he responded: “Teeth are white, so whatever looked different, I looked for it. Anything that could be gold.”
To clarify what gold looked like, Mnisi pressed Mabasa to point out an example in court. Mabasa held up the court interpreter’s diary, noting its gold-coloured cover as an example.
Judge Ratha Mokgoatlheng, intrigued, requested to see the diary.
“Didn’t you think you needed an expert to tell you if the picture showed gold?” Mnisi asked.
However, according to Mabasa, he describes what he observes, while an expert interprets it based on their perspective. “And we take it from there, but seeking an expert opinion never came to me.”
The defence later displayed two photos in court – one of Mncube and another of his elder brother.
Mnisi indicated that the image showing a gold tooth was of the brother, not the accused.
“The photo that is on the right hand side is of accused three… The photo which is on the left side is a photo of his elder brother, who is now deceased,”Mnisi said.
Mabasa testified that he believed the images depicted the same individual based on their resemblance.
According to the prosecution, lead investigator Brigadier Bongani Gininda had also mistakenly identified one of the images as Mncube.
Mnisi further argued that the photo allegedly showing Mncube was taken in 2012, when he was still living in Vosloorus.
However, Mabasa said the image was dated 2 September 2014.
Further testimony is expected on Monday, as Mnisi will continue his cross-examination.
Meanwhile Legal Aid South Africa says it has incurred costs of about R6.5m in the Meyiwa murder trial to date.
Legal Aid spokesperson Pateka Quwe said the costs covered legal representation, expert fees, subsistence and other related expenses. She said the costs were incurred over three financial years.