Judge allows car tracking device evidence in Senzo Meyiwa trial.
By Lehlohonolo Lehana.
The Gauteng High Court in Pretoria has ruled in favour of the state in the Senzo Meyiwa murder trial in its application for the use of the Automatic Vehicle Location (AVL) system evidence.
This is in relation to the movements of the car in which state witness, Sergeant Vusumuzi Mogane, transported accused 2, Bongani Ntanzi, on the days the defense says Ntanzi was tortured and assaulted in different locations and was forced to make confessions.
Five men are on trial at the High Court in Pretoria for the murder of the Bafana Bafana soccer captain who was shot dead in October 2014.
The defence challenged the admissibility of confession and pointing out statements allegedly made by accused number 1 and 2 in the trial within a trial.
Judge Ratha Mokgoatlheng made his ruling in the trial-within-a-trial on Monday morning.
The ruling will allow the State to make use of the data recorded by the Automatic Vehicle Locator (AVL) in the car used to drive Ntanzi to make his confession statements in June 2020.
The report will shed light on the police's movement on the night of Ntanzi's alleged confession at Moroka Police Station and whether they made "a few stops" where he would be beaten.
Defence for accused one and two, Advocate Thulani Mngomezulu, argued against the use of the report.
But State Prosecutor, Advocate George Baloyi, insisted that the evidence be submitted to court.
"We submit, my lord, that these allegations are so serious that they ought to be investigated and if the AVL records can assist the court in the determination of these issues, it is in the interest of justice that this evidence be allowed at this point in time," Baloyi said.
Mngomezulu has previously told the court that Ntanzi was assaulted and tortured by police into making an alleged confession about the details of Meyiwa's murder.
According to Ntanzi, police did not drive straight to Moroka Police Station from Pretoria North while he was in the car.
He claims police stopped in Alberton, Germiston, Bara and Orlando, where they beat him up before they arrived at Moroka Police Station.
Judge Mokgoathleng ruled that the AVL report be ventilated in court, as serious allegations have been made by the defence.
"They are alleged by accused number two to be instrumental in orchestrating what Mr Mngomezulu calls severe assault of accused number two to extract a confession from him,” he said.
"These are senior police officers. This court has a duty if the constitutional right of an accused is being transgressed. To refer that exigency to the relevant authorities, consequently that is why this court must have access to the evidence to traverse all evidence objectively."
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