By Lehlohonolo Lehana.
Defence advocate Thulani Mngomezulu has accused the judge in the Senzo Meyiwa trial, Ratha Mokgoatlheng, of answering questions on behalf of state witness police officer Batho Mogola about events that transpired after the arrest of accused number one, Muzikawukhulelwa Sibiya, in 2020.
“If the court intervenes in terms of giving evidence which is supposed to be given by the witness — the witness is under oath and it is expected from her,” Mngomezulu said in the Pretoria high court on Wednesday.
Mokgoatlheng responded that he was merely “citing the law and not giving evidence”.
The defence has cross-examined Mogola about allegations from Sibiya and accused number two, Bongani Ntanzi, that they were assaulted, tortured and unlawfully detained when they were arrested in 2020.
Mogola, who is the lead investigative officer in the much-publicised case, continued her testimony for a third day.
She testified that Sibiya made the confession to her shortly after his arrest in May outside the Vusumuzi Hostel in Tembisa.
“And I told him, my lord, and said that you saw people were wrongfully arrested. Why didn’t you come forward and tell the police what you’re telling me? And, my lord, he said that he knew that one day he’d have to take responsibility for the murder of Meyiwa.”
Mogola said when she heard Sibiya’s confession, she read him his rights, which included access to a lawyer.
She claimed Sibiya insisted that he did not need a lawyer.
“My lord, when he said he does not need a lawyer, that was the end. If someone says that am I supposed to say choose, do you want one of your choice or the state? He has already answered. He said that he does not need a lawyer.”
Sibiya was arrested in May 2020 for the illegal possession of ammunition.
Evidence before the court states that a magazine and cleaning rod were also confiscated from his place of residence at the time.
He is believed to be one of two suspects who provided details of Meyiwa’s murder to police, along with accused number two, Ntanzi.
Sibiya, Ntanzi and three other men accused of killing Meyiwa at the home of his girlfriend, singer Kelly Khumalo in October 2014 have all pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.
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