By Lehlohonolo Lehana.
The defence counsel in the Senzo Meyiwa murder trial on Thursday continued its cross-examination of the forensic officer who was first at the crime scene.
The then-Bafana Bafana captain was murdered in 2014 while at his girlfriend Kelly Khumalo’s Vosloorus home.
As the trial continues on Friday, these are some of the key arguments that were made at Thursday’s hearing.
Failure to conduct duties
Opening proceedings, the lawyer of one of the five murder accused, Zandile Mshololo, wasted no time asking Sergeant Thabo Mosia whether he failed to do his job as “he did not take fingerprints or DNA swabs on the door handle of the main door where the alleged perpetrator is said to have used to gain entry inside the house.”
Mosia answered: “I did not fail, my lord.”
Mshololo then asked why he didn’t take any fingerprints, to which Mosia responded: “The crime scene was already under our control and I had to call the necessary people to come and assist with the crime scene.”
But he agreed that he did not take any fingerprints or DNA swabs of the door that the alleged suspect used to gain entry to the home.
The Kitchen counter ‘not investigated’ – Defence
The defence went on to ask whether the police sergeant had investigated the kitchen counter where a bullet fragment was discovered. Mosia said that he conducted preliminary investigations upon arrival. But when he realised the weight of the case, he proceeded to contact the crime scene management task team to assist while he “only concentrated on the exhibits that were visible on the floor.”
“I further investigated [and saw that] there was nothing more I could do until the task team arrived and the only thing that I did was to secure the projectile and bullet fragment.”
Mosia said he left the crime scene to his senior, Brigadier Philani Ndlovu. who directed him to take pictures of the crime scene, which prompted the defence to again bring Mosia’s capabilities into question. The defence proceeded to ask if Mosia had any certainty if any of the areas Ndlovu was taking pictures of were the correct ones. He said no, as he didn’t know. He said he did not take pictures of any other spots in the house that he did not receive instructions from Ndlovu to do so.
Mosia said he did not investigate the kitchen counter because the evidence was behind glass jars and also because he had not been instructed to investigate there.
‘I was not supposed working on that crime scene’ – Mosia
The police sergeant added that he was not supposed to have started working on the crime scene because of how complex it was for him.
“I was supposed to have called the crime scene management team on the spot, after assessing the case. After noticing those exhibits on the floor, there was no way I could have waited for the task team [while] leaving the exhibit on the floor. I was making them safe and waited for the task team to arrive and continue with the crime scene.”
Police ‘did not take’ crucial evidence
Mosia has admitted that the investigation team that attended the Senzo Meyiwa murder scene did not take crucial evidence which could tell if the gunshot that eventually killed Meyiwa was one of the seven people who were in the house.
According to Mosia, they did not conduct gun power residue tests on the people who were in the house, which he has also admitted could tell if the trigger was pulled by one of those who were in the house and not an intruder.
He says he elected not to do so because he was not instructed to conduct those tests by Brigadier Ndlovu.
He says he never bothered to ask the people who were in the house where exactly in the house Meyiwa was shot, instead of relying on information by Brigadier Ndlovu, who was not there when Meyiwa was shot.
However, matters had to be stood down, when Mosia seemed to be struggling on the stand, and the case was postponed to Monday.
In the event, Mosia is not cannot continue with the case on Monday another witness may have to be called and Mosia at a later stage when he is ready to take the stand again.
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Video Courtesy of SABC.