Mncube gun linked to bullet at Meyiwa crime scene: prosecution

The Senzo Meyiwa murder trial kicked off with new developments on Wednesday as one of the accused, Mthobisi Prince Mncube, amended his plea on count 4 — unlawful possession of a firearm — to Autrefois convict.

A defendant may argue he was previously charged with or convicted on the same offence based on essentially the same facts by entering this plea.

Mncube is one of five men facing charges of premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. Those who were with Meyiwa at the time of the murder — including friends and his then-girlfriend Kelly Khumalo — allege Meyiwa was killed in a botched robbery.

“That is now over and above the plea of not guilty, we are amending our plea to add the plea of Autrefois convict that is now in terms of section 106(2) of the Criminal Procedure Act,” defence advocate Charles Mnisi said.

After consulting Mncube, Mnisi said the firearm was the one two police witnesses testified about and the case was finalised on July 27 2017.

Judge Ratha Mokgoatlheng asked for proof to be presented in court.

“You can't be charged twice for the same offence. If I am satisfied with what Mnisi is saying, that his client is being charged twice, I must intervene. But I cannot intervene until the state has advised me that there is some merits in the submission Mnisi tendered,” Mokgoatlheng said.

State witnesses Sgt Mandla Masondo and Sgt Bhekumuzi Sibongiseni Dlamini this week testified they found Mncube in possession of an unlicensed firearm and ammunition as they investigated an Alexandra matter linked to a taxi killing.

When asked if his client has a previous conviction of being charged with possession of a firearm which was described by two police witnesses as a Czech-made pistol which didn't have a serial number, Mnisi's response was he was found guilty and he served a particular sentence.

“So that evidence which was led by [Masondo and Dlamini] is unconstitutional and unlawful because it relates to a crime which Mnisi's client was [previously] charged with?” Mokgoatlheng asked.

Prosecutor George Baloyi said he had earlier in an address to the court indicated the state will contend the firearm found in Mncube's possession is linked to the bullet found on the Meyiwa crime scene. “So the purpose of leading the evidence will be to indicate that the accused was in possession of this firearm which is later connected to a bullet which was found on the scene,” Baloyi said.

The firearm, found in Mncube's possession in 2015, almost three months after the murder of the football star, was traced to a branch of Fidelity security company in Centurion.

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