By Lehlohonolo Lehana.
Retired cellphone data analyst Colonel Lambertus Steyn returned to the witness stand in the Senzo Meyiwa trial in the Gauteng High Court in Pretoria.
Last week, Judge Ratha Mokgoatlheng ruled in favour of the state by recalling Steyn to clarify his evidence.
This related to the two calls Kelly Khumalo received from accused five, Fisokuhle Ntuli, prior to Meyiwa’s murder on 26 October 2014.
During the cross-examination, Muzikawukhulelwa Sibiya’s legal representative, Thulani Mngomezulu quizzed Steyn about which law was used when he received the cellphone records from investigating officer Bongani Gininda.
“Was there any law applicable before the POPI Act [Protection of Personal Information Act] which authorises you to take the device without the permission of the owner?” Mngomezulu asked.
Steyn explained that Khumalo and Ntuli’s phones were taken as evidence.
While he recognised their right to privacy, the witness stated that the pair did not object to the police seizing their phones.
Mngomezulu challenged Steyn, arguing that Ntuli and Khumalo’s rights were violated under Section 35(5) of the Constitution, asserting that their communication was obtained unlawfully.
“There’s no formal evidence of the non-objection by that party. This is what I am going to argue at a later stage that they infringed on the rights of these persons,” the lawyer said.
The analyst previously testified that the “device boot-up” indicated that some or all of the phone’s memory was wiped.
Mngomezulu questioned how Khumalo’s cellphone was wiped a day after the murder of her late lover.
“You talk about the rebooting. Is it rebooting or reset?”
“It’s the same thing. You go to factory settings and give instruction to delete everything in your phone,” said Steyn.
“In paragraph eight of your affidavit, you were adamant that Kelly Khumalo communicated with accused number five.”
“That is correct,” Steyn responded.
Meyiwa was fatally shot while visiting Khumalo at her mother’s residence in Vosloorus, Gauteng.
Ntuli, Sibiya, Bongani Ntanzi, Mthobisi Mncube and Mthokoziseni Maphisa 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.