By Lehlohonolo Lehana.
The section 174 discharge application by accused 4. Mthokoziseni Maphisa in the Senzo Meyiwa murder trial was heard in the Pretoria High Court on Monday morning.
In July, the State wrapped up its case after two years of leading evidence. It’s now the defence’s turn to make its case.
Five men are being tried for the 2014 murder of the football star in Vosloorus, in the east of Johannesburg.
Advocate Zithulele Nxumalo for accused 4, has argued the charges against his client should be dropped, citing a lack of independent evidence linking him to the alleged conspiracy to murder or commit robbery.
Nxumalo submitted that the only reference to Maphisa’s involvement in the murder appeared in the confession statement of accused number two, Bongani Ntanzi, and that the state has failed to establish a prima facie case.
He argued that no evidence had been tendered by the state to support a conviction, and therefore Maphisa should be discharged and acquitted.
Maphisa has applied to have the charges against him dropped.
Nxumalo also insisted one of the State’s key witnesses, Constable Sizwe Zungu – who claims to have seen the accused on the day of the crime – did not see or hear Maphisa and his co-accused hatch a plan to murder Meyiwa.
Meyiwa was shot dead in the presence of his then-girlfriend, singer and actress Kelly Khumalo, at her mother’s home in Vosloorus in October 2014.
Maphisa, Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi and Sifisokuhle Nkani Ntuli are on trial for Meyiwa’s murder. The state alleges they acted in furtherance of a common purpose. They have all pleaded not guilty.