Senzo Meyiwa's postmortem report expected to come under scrutiny in court soon

The lawyer of one of five men accused of murdering football star Senzo Meyiwa on Monday tried to establish whether due process was followed when his client was arrested.

Mthobisi Prince Mncube's counsel, advocate Charles Mnisi, attempted to establish if he was read his rights and understood them.

He was cross-examining state witness Sgt Bhekumuzi Sibongiseni Dlamini — a police officer attached to the Gauteng taxi violence unit — on the seizure of an unlicensed pistol and ammunition from Mncube.

Dlamini has been a police officer for 15 years and was with his colleague Sgt Mandla Masondo when they arrested Mncube on February 9 2015.

He said Masondo had read Mncube his rights and Mncube responded: “I hear you.”

When Mnisi asked at what point the rights were explained, Dlamini said: “When we spoke to him we were waiting for him to respond, but he kept quiet. Then we decided to proceed as he was not speaking to us.”

Mnisi suggested he could have kept quiet because he didn't understand what Dlamini and Masondo were talking about.

Dlamini confirmed evidence earlier delivered by Masondo that they had followed a lead in a separate matter on the day.

Mncube was serving jail time for taxi industry-related killings when he was arrested in connection with the Meyiwa case. 

Masondo has testified on the seizure of an unlicensed pistol and ammunition confiscated from Mncube.

He conceded they did not have a warrant when they searched Mncube.

Dlamini testified he found a firearm and a small blue box on top of a wardrobe in Mncube's room.

He said the magazine was fully loaded with 15 rounds with another round in the chamber.

When he inquired who the gun belonged to, Mncube, who was in the presence of his girlfriend, kept quiet.

“I asked again whose firearm it was, they both kept quiet. When we looked at it we could see the serial number had been filed off. That's when Masondo intervened and said, 'I am arresting both of you for the firearm that has been found in this house'. He then said 'don't arrest the girl, I know the firearm', and the lady said it was his,” Dlamini said.

Dlamini said the gun was a 9mm Czech-made pistol.

He said they detained Mncube at Germiston police station and booked the firearm for testing and his cellphone for downloading.

The court has heard from police data experts that Mncube's cellphone held photos of multiple guns, including one titled “my killing machine”.

The pictures also showed he had dreadlocks.

Masondo has testified the firearm was later traced to a Fidelity security guard from Centurion.

He confirmed when Mncube was arrested in 2015 he had neatly braided dreadlocks and an injured hand.

Dlamini said he wrote a letter requesting a ballistic examination to establish who the owner of the firearm was as the serial number was filed off, what the correct serial number was and whether the firearm was linked to other cases.

The state has indicated it wants to move on to ballistic evidence and Meyiwa's postmortem report.

“We will also touch on the witnesses who attended the scene as well as ballistic evidence,” prosecutor George Baloyi said.

“We will also during the segment of the evidence touch on the postmortem report and the pathologist will testify in this regard,”

Meyiwa sustained a fatal gunshot wound to the chest in October 2014 while at a Sunday get-together at the family home of his then-girlfriend, pop singer Kelly Khumalo, in Vosloorus, allegedly after two robbers entered and demanded their valuables.

Kelly, her sister Zandile, Zandile's then-boyfriend Longwe Twala, two of Meyiwa's friends and the women's mother were present when the shooting happened. Those who have testified so far have claimed Meyiwa was shot during what appeared to be a botched robbery. 

A new witness is expected to take the stand on Tuesday as the trial continues.

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