Defence in Meyiwa trial opposes state's bid to recall data analyst

The defence representing the men implicated in the murder of footballer Senzo Meyiwa is opposing the state's application to recall data analyst Col Lambertus Steyn to the witness box.

On Monday, prosecutor advocate George Baloyi brought an application to have Steyn recalled to clarify the two calls made to Meyiwa's girlfriend Kelly Khumalo by one of the accused, Sifisokuhle Ntuli.

The court previously heard from Steyn that there had been two calls to Khumalo on August 2 and October 15 2014, days before the Bafana Bafana goalkeeper was shot dead.

During cross-examination of state witness and Vodacom supervisor Pinky Vythilingam, the defence cast doubt on the evidence of the cellphone link, suggesting that fraud was committed.

Adv Charles Mnisi, representing Mthobisi Prince Mncube, cross-examining Vythilingam, argued that Ntuli's cellphone number that Vythilingam and Steyn had did not match.

Submitting his application, Baloyi said Steyn should be recalled to clarify the issue of the two calls and also to clarify the information and the use of some terminology in his affidavit.

“Let Col Steyn be recalled to clarify these aspects so that the truth can be determined and thereby enable the court to arrive at a just decision in the case.

“There might be a failure of justice if such an explanation is not considered. This evidence is not about being favourable to the state or the defence, but about the truth being determined,” Baloyi said.

Opposing the state's application, Mnisi said what the state was doing was damage control, which was not a requirement for recalling a witness.

“It is a procedure unheard of, it is a procedure which turns our criminal justice into a mockery. It is unheard of to try to do damage control on an aspect of evidence that came out when a witness gave evidence. That is best left for argument,” Mnisi said.

Mnisi said the administration of justice did not permit a recalling of a witness to correct issues of contradictions he made while being cross-examined.

A lawyer representing Mthokoziseni Maphisa, Adv Zithulele Nxumalo, said there was no reason for the state to call Steyn as the issues they wanted clarified could be canvassed during arguments at the end of the case.

Nxumalo said the recalling of Steyn would render the trial unfair on the accused. 

Adv Zandile Mshololo, representing Ntuli, said if the application was allowed, the constitutional rights of the accused to a fair trial would be violated. She argued Steyn was being recalled to rectify his own evidence.

The matter continues on Tuesday.

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