By Lehlohonolo Lehana.
The High Court in Pretoria heard that accused 5 Fisokuhle Ntuli in the Senzo Meyiwa trial was found in possession of cellphone in his prison cell.
Meyiwa was shot and killed while at the parental home of his girlfriend, Kelly Khumalo, in Vosloorus on the East Rand in October 2014.
In the previous court appearance, e-Natis expert Christopher Motlou wrapped up his testimony.
Judge Ratha Mokgatlheng then granted a recess to allow the defence to prepare for the cross-examination of the witnesses.
The court was poised to hear the cross-examination of Lieutenant-Colonel Chris Mangena, a pivotal witness in the case, when the defence declared their unpreparedness on Monday, citing a pending application for funding a ballistic expert.
Judge Mokgoatlheng says the defence should have anticipated that the services of the ballistic expert will not come cheap. Mokgoathleng has requested that the head of the legal aid board should come to court to explain if they will be able to pay the outstanding amount.
“They postponed it in August to consult with a legal ballistics expert and they know that this gentleman doesn’t come cheap. I mean, you are all practicing lawyers. And then eight months down the line, nothing has happened, because at the moment nothing has happened. Okay. Can you find the head of the legal aid? They must come maybe tomorrow.”
A retired warden at Qalakabusha Correctional Centre testified that he confiscated a cellphone from one of the men accused of killing Meyiwa.
Sibusiso Yaka testified in the North Gauteng High Court on Monday and told the court that he was the head of Qalakabusha prison for seven years.
Yaka said, on August 19, 2020, he received a call from an unknown number and he was informed that Ntuli had a cellphone in his cell.
State prosecutor Advocate George Baloyi, who led Yaka in giving evidence, instructed him not to reveal who had called or the exact contents of the conversation.
“The information I received directed me to Ntuli’s cell and I went there. He was with other two other inmates. I asked Ntuli to give me a cellphone, he didn’t give me any problem, he took it out from the side of the bed and gave it to me,” Yaka said.
Yaka said he went to his superior and told him he was worried because its not know what Ntuli was discussing or planning.
He said on the day he found the phone, investigators in the Meyiwa’s murder case were scheduled to come to the prison and when they arrived, he gave them them the phone.
He gave it lead investigator Brigadier Bongani Gininda who was in the company of Sergeant Vusumuzi Mogane.
“The phone was placed in a plastic bag which was tightly sealed and handed to the investigators. We told the investigators to inform us whether Ntuli was plotting an escape so that we can tighten our security,” he said.
Yaka said he wasn’t sure about the model of the phone but knows that it was a Stylo.
During cross-examination by Ntuli’s legal representative, advocate Zandile Mshololo, Yaka said he didn’t check the phone’s IMEI number.
“I didn’t even open it, I took it as it was and gave it to the investigators.”
Mshololo said Ntuli denies that he was found with a cellphone and also maintained that they were two in the cell and not three as Yaka testified.
“I know who I got the phone from, I didn’t just pick it up. I told Ntuli to give me the phone and he gave me without an hesitation. Ntuli had a lot of respect for me and never gave me any issues,” Yaka said.
When asked if he did record the incident, Yaka said he wrote on the prison’s occurrence book.
“I’m no longer a member of the State so I can’t access the books because they belong to the State,” he said.
Five men are on trial for the murder of the Bafana Bafana soccer star who was shot and killed in 2014.