By Lehlohonolo Lehana.
The defence in the Senzo Meyiwa trial has accused the State of deliberately omitting crucial information that would help prove their version.
The High Court has been hearing evidence from a State witness placing the devices linked to the accused at certain locations at specific times.
Vodacom’s forensic supervisor, Pinky Vythilingham, had been on the witness stand for weeks before courts went on recess a month ago.
In her testimony so far, Vythilingham has given evidence that points to one of the accused, Bongani Ntanzi, using his cellphone during his arrest – something he has denied.
Her evidence also corroborated the testimony of State witness Sizwe Zungu, showing that the phone linked to the third accused, Mthobisi Mncube, pinged in Vosloorus on the day Meyiwa was killed.
But it also matched Fisokuhle Ntuli’s version as at some point in the day, his phone pinged at a tower in Benrose near the George Goch hostel, where Ntuli insists he was.
During cross-examination, Muzikawukhulelwa Sibiya’s legal representative, Thulani Mngomezulu, highlighted that a Section 205 application from the police had requested the cellphone data of all the people who were in the Vosloorus on the day Meyiwa was killed.
However, Vythilingam only testified about the data related to Meyiwa, his then partner Kelly Khumalo and Sello “Chicco” Twala’s son, Longwe.
“Your evidence is limited to three people in house,” the lawyer said to the witness, which she did not dispute.
Mngomezulu put it to Vythilingam that the defence contends Tumelo Madlala called Meyiwa’s brother-in-law immediately after the slain Orlando Pirates goalkeeper was shot.
The defence will give that evidence that there was a communication between Madlala, who was in the house, and Edward Hlophe, the brother-in-law of Senzo Meyiwa; and my concern is that how can I prove in terms of 205 that there was such a communicate if this was not provided by the state or was not provided in court? “he said.
However, Vythilingam stated that she was unable to answer the question, directing it to the state instead.
The defence attorney also highlighted that it was revealed in court that Khumalo called Chicco at Botshelong Hospital in Vosloorus after Meyiwa was shot, but this evidence was not presented by the state.
“What is important is there is information that is deliberately omitted by state because that evidence is crucial. We need to know which number did Kelly Khumalo use to call Sello Twala,” Mngomezulu continued.
Meyiwa was shot and killed while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng, on 26 October 2014.
Khumalo ordered the hit on her former Orlando Pirates goalkeeper, according to Sibiya and Ntanzi’s confession statements.
Sibiya, Mncube, Bongani Ntanzi, Mthokoziseni Maphisa, and Fisokuhle Ntuli are on trial for Meyiwa’s murder.
They face charges of murder, attempted murder, robbery with aggravating circumstances, possession of an unlicenced firearm, and possession of ammunition.