Defence alleges Meyiwa crime scene was 'contaminated' and 'staged'
The lawyer representing four of the five men accused of murdering Bafana Bafana player Senzo Meyiwa alleged in court that the crime scene was contaminated and staged as a result of a meeting that was had with senior officials at the house.
Advocate Malesela Teffo has alleged that what Sgt Thabo Mosia walked into on October 26 2014 - the night of the murder - wasn’t a true reflection of what had happened.
“[Brigadier] Ndlovu was there to manage you. You were managed and this means the crime scene was tampered with,” he said.
Teffo questioned how Mosia, who is a forensic expert, was directed by Ndlovu.
Emphasising Mosia’s submission and affidavit that when he arrived on the scene, Brig Ndlovu "pointed out key points which he took photographs of", Teffo said: “I put it to you that the evidence you collected on both occasions were all being staged. When you arrived you found what you found. It was put together intentionally and you being oblivious, you did your job. You were oblivious that these things were planted.”
Among the important items that Mosia was 'directed' to was a hat which was allegedly dropped at the scene.
The hat, according to witnesses, had been worn by Meyiwa's shooter.
While the shooter was alleged to have been a dreadlocked male, the DNA results have come back, revealing that the hat contained the DNA evidence of a woman.
The five accused in the matter are Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli.
They have all pleaded not guilty to premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition, all relating to Meyiwa's murder.
Teffo alleged that Ndlovu was given rights to the house resulting from a meeting that happened in the house among senior provincial officials.
“Hence when you arrived there, it was him you found and you did not find the members of the family, it was Ndlovu given the rights of the house to rule,” he said.
Mosia emphasised that when he moved three women, two males and two children he found in the sitting room to a bedroom in the house, he was trying to control the movement of everyone in the house so that they would not contaminate the crime scene.
He conceded that he was unsure if the two men had been confined in the bedroom as he had directed.
When asked where the picture of the said bedroom was in the photo album entered as evidence, he said it was not a crime scene, suggesting this is why he did not photograph it.
“There were never people here, you were just blinding us,” said Teffo.
Teffo has also alleged that the people in the house when the incident happened didn’t sleep in the house but slept at Mulbarton, a townhouse where Khumalo was staying with Meyiwa.
Mosia said: “Maybe that happened when I had left.”
Teffo questioned the time of the shooting, alleging it happened earlier than what the state says.
“I got a disclosure in regards to this matter, there is a witness who happens to be the neighbour who heard the gunshot at about past 7pm,” Teffo told the court.
Posing a question Teffo asked Mosia if he was aware that outside the case, there was another case pertaining to the same matter that was opened with the same charges but added a charge of defeating the ends of justice in relation to the alleged tampering of the scene.
Mosia said he wasn't aware.
“And this case, the suspects charged would be the people who were in that house and who saw Senzo when he got the injury he got until he succumbed in hospital. I have a document of arrangement for seven people who were at the house - it was arranged with five charges,” he said.
Advocate George Baloyi objected to the manner in which the document was being handed in as evidence.
“I am not sure what evidential value it will have but it was still in an inquest state or still in inception state that was never finalised,” he said.
Baloyi told the court that the document could go in as a draft.
“Hopefully evidence, as promised, will be presented at a later stage,” he said.
Meanwhile, the state earlier made an application objecting to the line of cross-examination.
Baloyi said Mosia should only be cross-examined on what he had testified about.
Baloyi submitted to the court that any opinion evidence regarding DNA and ballistic evidence outside the expertise of Mosia must be struck off the records.
Though agreeing, Judge Tshifhiwa Maumela pointed out that most of the objections should have happened on point.
In a turn of events, Teffo was arrested shortly after the matter was stood down to May 30.
TimesLIVE understands he was arrested for failing to appear in court on a matter in which he is an accused, charged with trespassing and assault.
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