Defence disputes number linked to Bozwana's murder belongs to accused

The defence lawyer representing KwaZulu-Natal taxi boss Senzo Mncube said on Friday there was no evidence that showed any phone number linked to the case belonged to his client.

A witness has already testified Mncube was in the vicinity of Wandile Bozwana as they stalked him from Sandton City until shooting him on the Garsfontein off-ramp on the N1 in Pretoria in 2015.

Cellphone and data analyst Col Lambertus Steyn told the court Mncube had been in contact with his co-accused Robert Mutapa on numerous occasions in the hours before, during and after Bozwana was murdered.

Mncube is on trial for Bozwana's murder and the attempted murder of Bozwana's business partner Mpho Baloyi in October 2015. 

On Thursday the state led CCTV footage evidence that helped identify Mncube in the murder.

His co-accused — Mamelodi taxi boss Vusi “Khekhe” Mathibela, Mutapa, Sipho Hudla and Bonginkosi Khumalo — have already been sentenced to 30 years' imprisonment for murdering Bozwana, 10 years for the attempted murder of his business partner, six years for unlawful possession of a firearm and two years for unlawful possession of ammunition.

During cross-examination on Friday, Mncube's advocate Cronje Kriel told the investigating officer Sgt Evans Mongwe there was no expert able to link a specific number to his client.

“I put it to you there is no evidence by any of the service providers that a specific number belongs to the accused,” he said.

Mongwe previously testified he had come to know one number of Mncube when he listened in on a phone conversation he had with a Peggy Silolo who rented him a room. He said Mncube was asking if he had left anything behind in the room. Mongwe said he had taken down the number.

“I don't dispute the number is not RICA'ed in his name but physical ownership, the number belongs to him,” he said.

Kriel also pointed out Silolo, who had already testified, denied knowing Mncube.

Mongwe said it was for the court to decide who is right between him and Silolo.

Asked about the timeline of the issuing of Mncube’s arrest warrant and why it took so long, Mongwe said it was due to the nature of the investigation.

“I was thinking it is still possible to arrest him without the warrant,” he said.

On the day of the arrest, Mncube said he met the arresting officer in the parking lot at Germiston police station where the arresting statement was taken down, commissioned and he was handed cellphones as exhibits.

Kriel pointed out inconsistencies in Mongwe’s evidence and that of the arresting officer. He put it to Mongwe that the arresting officer testified he handed the evidence to his captain and had written a statement which Mongwe later asked him to correct and rewrite. He also questioned why Mongwe opted to do his duties in the station's parking area instead of inside the station.

Kriel further accused Mongwe of perjury.

The matter continues on Monday.

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