Handwritten notes made by constable involved in Meyiwa trial have been destroyed, court hears

Judge Ratha Mokgoatlheng, presiding over the Senzo Meyiwa murder trial in the Pretoria high court, has found there was no handwritten statement made by Const Sizwe Skhumbuzo Zungu.

State and defence lawyers argued on the legality of additions to Zungu's statement made in court on Friday.

“The defence cannot prove the existence of this statement. This court finds no such written statement exists,” Mokgoatlheng ruled.

On Friday, Zungu said his typed statement contained errors. He made corrections in court after attorney Sipho Ramosepele concluded his cross-examination.

Defence lawyer Charles Mnisi asked for Zungu's handwritten statement, which he said he disposed of before it was typed.

Prosecutor George Baloyi said there was no handwritten statement, only notes by the witness which were used when the statement was typed.

The court ordered Zungu to fetch the notes, which he said were in KwaZulu-Natal. 

When proceedings got underway on Monday, Baloyi said the notes were shredded.

Zungu said he could not find his notes and only found the typed statement he rectified.

Mokgoatlheng said it would be fair that the court interrogate whether there were two affidavits under oath.

Baloyi insisted Zungu was referring to notes, not another statement. He said Zungu's typed statement should remain admitted as evidence despite the mistakes he raised. Cross-examination on the statement should continue and anything else will be subject to the credibility findings of his testimony.

Mnisi said Zungu unequivocally said he wrote a statement and initialled it. Mnisi said he was not accusing the state of unlawfully withholding the original statement.

Mokgoatlheng said if the state has not disclosed the statement, it has not complied with the law of “discovering” the statement to the defence.

“Before I start my cross-examination, we should be furnished with that statement,” Mnisi said.

Advocate Zandile Mshololo, representing Sifisokuhle Nkani Ntuli, said the court should listen to the records and this statement was only disclosed last week, causing prejudice.

However, Mokgoatlheng said Baloyi had indicated there were special circumstances and Zungu was threatened with death.

Mshololo said the typed statement ought to have been accompanied by the original to which the witness referred. “Accused No 5 will suffer prejudice if that statement is not made available,” she said.

Noting the accusation that Baloyi has been harbouring a statement he has not disclosed, Mokgoatlheng said: “I don’t know what he would gain.”

Mokgoatlheng said Zungu may have said he made a statement, “but today, here and now, I have asked if he has made a statement and he is not a lay person. He is a police officer and says he has not made any statement other than the one on May 31.”

Last week, Zungu's protection was enhanced after trigger-pulling gestures were made by Ntuli while Zungu was testifying.

Mokgoatlheng noted there was a possibility Zungu's safety was compromised.

Ramosepele has reopened his cross-examination.

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