By Lehlohonolo Lehana.
Sergeant Batho Mogola was grilled in the Pretoria High Court about why the warrant of arrest for the Senzo Meyiwa’s then-girlfriend, Kelly Khumalo, was not executed.
Mogola returned to the witness stand for further cross-examination in the Gauteng High Court in Pretoria on Tuesday.
Continuing with the cross-examination on Tuesday, Bongani Ntanzi’s legal representative, Sipho Ramosepele took Mogola through warrant officer, Amanda Steenkamp’s affidavit.
Steenkamp conducted interviews with the occupants of the house regarding their descriptions of the suspected intruders, which included Tumelo Madlala and Zandile Khumalo, who is Kelly’s sister.
Both Zandile and Tumelo previously identified Ntanzi as one of the armed intruders in their testimony before court.
Ramosepele told Mogola that Steenkamp’s affidavit painted a common thread of the occupants being unable to describe the second intruder, who was allegedly wearing a hoodie.
“We know that here in court that second suspect was attributed to be accused two,” the attorney said.
In her response, Mogola stated that she did not submit any affidavit concerning Steenkamp’s statement.
“I have also never had an encounter with the person that deposed that affidavit. So I am not in a position to comment about what is being put to me,” the witness said.
State prosecutor, George Baloyi later objected to the defence’s line of questioning, saying some of the occupants have already testified about the identification of the suspects.
Judge Ratha Mokgoatlheng also highlighted to Mogola the accusation levelled against her and the rest of the investigating team of being involved in a cover-up.
“There is no cover up which I was involved in,” Mogola replied.
Advocate Zandile Mshololo, representing Fisokuhle Ntuli, questioned Mogola about the infamous second docket.
It was previously heard in court that docket 375 recommended that Kelly and the other occupants be charged with murder and defeating the ends of justice.
Mogola said she initially wasnt aware of the existence of a second docket, which was compiled by warrant officer, Meshack Makhubo and Colonel Joyce Buthelezi separately from the main docket 636.
“I came to know about the docket simply because I am responsible for bringing dockets to court,” the officer testified.
Furthermore, Mshololo inquired of the witness whether she was cognisant of the draft warrant application for Kelly’s arrest.
“Are you aware as to why that application for the warrant of arrest has not been authorised against Kelly Khumalo?”
Mogola indicated that she had no knowledge of it.
She added that she was not aware of the alleged communication between Ntuli and Kelly.
“For arguments sake, if it can be proven or it can be said that there was communication between Kelly Khumalo and Ntuli, is there an offence according to your knowledge as part of the investigating team?” Mshololo asked.
“I have no comment, “Mogola responded.
Ntanzi, Sibiya, Ntuli, Mthobisi Mncube and Mthokoziseni Maphisa are on trial for the footballer’s murder.
All five men have pleade not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.