Defence lawyer disputes witness' testimony in Meyiwa trial

Mthokozisi Thwala's conduct on the night his close friend and soccer star Senzo Meyiwa was shot undermined his story that there were intruders in the Vosloorus house on October 26 2014.

This is the claim made by defence advocate for two of the accused in the Meyiwa murder trial, advocate Sipho Ramosepele, as he cross-examined Thwala in the Pretoria high court on Monday.

Ramosepele pointed to Thwala's testimony that after running out of Kelly Khumalo's home and jumping into a neighbour's yard, Thwala went back to the Khumalo home without making sure the intruder with a gun had left the house.

Thwala said he went back to the house when he heard Khumalo's mother screaming or crying.

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.

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

Ramosepele also accused Thwala, who has been in the witness box since Monday last week, of having “selective memory loss” as he failed to describe the gun and sharp object the intruders had on the day of the incident.

“In certain matters you are matter of fact, but on uncomfortable matters you develop amnesia,” Ramosepele said.

He said the neighbour would testify he met Thwala when he jumped into his yard and told him there was a problem in the Khumalo home.

“You told him you have been attacked and the deceased has been shot.”

Thwala said he would not dispute that.

“I won't dispute what he [the neighbour] said, that's what he said, not me.”

Ramosepele questioned how a neighbour would know somebody in the house had been shot while Thwala, who exited the house, did not know if Meyiwa was shot.

In his testimony last week, Thwala said Meyiwa had been fighting with one of two intruders.

“I wouldn’t say I saw the shot go off, but there was only one person in possession of a firearm there,” he said, adding that while running out the house through the kitchen he met Meyiwa at the door moving in the opposite direction. Thwala said he was not sure if Meyiwa was falling at the time. 

The trial continues.

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