Court allows state to address 'inaccuracies' in evidence of its own witness in Senzo Meyiwa trial

Pretoria high court judge Tshifhiwa Maumela on Thursday overruled the defence team's objections to the state's request to address “inaccuracies” in the statements and evidence of the fourth witness in the Senzo Meyiwa murder trial, Mthokozisi Thwala.

Indicating he was almost finished, prosecutor advocate George Baloyi said he wanted Thwala to explain certain inaccuracies in his statements and the evidence.

The defence team objected and said the state wanted to “impeach” its own witness.

The state has spent three days leading the evidence of Thwala, who was also in Kelly Khumalo's Vosloorus home in October 2014.

Meyiwa was fatally wounded in what was described as a botched robbery in the presence of his then-girlfriend Kelly Khumalo, her mother Ntombi, sister Zandi, Zandi’s boyfriend Longwe Twala and Senzo’s friends Thwala and Tumelo Madlala.

Objecting to the request, advocate Sipho Ramosepele, for two of the accused, said: “I don't think the state can cross-examine its own witnesses. If the state can lead evidence in chief, if there are inconsistent statements, that's the view of the defence to expose such.”

When Maumela asked if the state could deal with the issues later, Baloyi said: “No, we want to deal with those aspects at this particular juncture.”

Baloyi said the state was only affording the witness the opportunity to explain inaccuracies.

“It's a procedure that has been in existence, there has always been a duty of the state to expose discrepancies and all the state is doing is to ask the witness to give an explanation for those inaccuracies,” Baloyi said.

Another defence advocate, Charles Mnisi, also objected, saying: “The state is embarking on a precarious procedure, something that is unheard of.”

Maumela said he could not find any basis to sustain the objection raised by the defence.

Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are on trial for the murder of the footballer.

They have been charged with premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition.

All have pleaded not guilty. The case continues.

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