By Lehlohonolo Lehana.
The trial of the five men accused of killing former Bafana Bafana and Orlando Pirates captain Senzo Meyiwa resumed this morning after two weeks recess.
The defence had also said that it needed time to consult their clients and experts on 700 photographs that were downloaded from the phone of accused number three Mthobisi Mncube.
Five men are on trial at the Gauteng High Court in Pretoria for the murder of the soccer star are, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Fisokuhle Nkani Ntuli.
They face charges of premeditated murder, attempted murder, robbery with aggravated circumstances, possession of firearms without a licence and possession of ammunition.
All five men pleaded not guilty as the trial started afresh under Judge Ratha Mokgoatlheng.
On Monday, proceedings kicked off with the cross-examination of a witness, Constable Sizwe Zungu, who had previously testified that he met the accused at a hostel in Vosloorus on the day Meyiwa was killed.
He said he was at the hostel on 26 October 2014 – the day Meyiwa was murdered – when he met with all the accused and drank alcohol with them. He said this was before Meyiwa was killed.
Advocate Charles Mnisi, for Mncube, told Zungu, that his client was at Basothong hostel in Vosloorus on the day, but was not with Zungu and had never met him.
He previously testified that he was at the hostel visiting his brother’s son, Gwabini.
Zungu said that at some point, three of the accused left the hostel and returned later in the evening.
Mnisi spent most of his time cross-examining Zungu on the evidence related to the photos that were downloaded from Mncube’s cellphone following his arrest for an unrelated case in 2015.
He had told the court that some photos were taken while he, Mncube, Bongani and Sibiya, went to buy liquor.
Zungu said he was unfamiliar with the area and could not state where the alcohol was bought.
Mnisi said: You said you don’t know the area where the alcohol was bought. The area is in Vosloorus, and it’s called Lesedi. You also said you don’t know the occasion, but I can tell you they had visited one of their friends Makhekhe Ndlela.
Mnisi also asked Zungu about the identity of one person in the photos.
Zungu said he could not see the person correctly as they had a cap on. Mnisi asserted that it was Maphisa in the picture.
Zungu testified that when he met Mncube at the hostel, he wore a lime-coloured T-shirt and necklace. But he wasn’t wearing the same clothing in the photographs.
He said his suspicions about the accused arose when they returned and ran into the room. He said Sibiya went out and came back wearing a different jacket.
Zungu told the court that all the accused looked nervous as they stood in the room.
Zungu was escorted to the courtroom by a heavily armed security contingent.
During cross-examination by Advocate Zithulele Nxumalo, who represents accused number four, asked Zungu why he did not arrest the men when they exchanged firearms in Gwabini’s room at the hostel.
But before Zungu could respond, Judge Ratha Mokgoatlheng interjected, telling the witness that he need not answer any questions that would incriminate him.
“Sorry, you know what, I have let this go on. Are you aware that a witness like him is not obliged to answer incriminating questions? This is criminal law 101, in terms of the constitution, section 35, “questioned Mokgoathleng.
“He is not obliged. He is a policeman, fine. That information can be used to charge him because he has incriminated himself. Do you want to address me on that?”
Nxumalo responded: “Because it was raised on some occasion. I had to revise section 35 of the constitution.”
But Mokgoatlheng remained unimpressed.
“So what is your view, Nxumalo? I can’t let a transgression that this witness is asked to walk into without warning him. I can tell him that he is at liberty to answer that question, but you must know your rights as a witness that you are not compelled to incriminate yourself. That is what the law says.”
“Maybe he should say that he prefers to not answer the question,” responded Nxumalo.
“So can you answer this question that I have posed, that you did nothing and effect any arrests when people are exchanging firearms in you presence being a police member, “Nxumalo asked Zungu.
The trial will continue on Tuesday with Zungu still under cross-examination.
Watch Live in the video below:
Video Courtesy of SABC.