Missing transcription of ballistic evidence delays Meyiwa murder proceedings

There has been yet another delay in the trial of the five men charged with the murder of soccer player Senzo Meyiwa at a Vosloorus home in 2014 due to a missing section of expert evidence from the transcribed documents.

On Monday the defence was expected to begin cross-examining ballistic expert Lt-Col Christian Mangena, but the court heard on Monday a big chunk of evidence is missing from the transcribed record.

According to the state, about 54 minutes of transcription from August 30 2023, the day Mangena testified, is missing.

This was discovered by the defence during consultation with their ballistic expert last week.

State prosecutor advocate George Baloyi said this was a rare occurrence.

“From 2.30pm until 3.24pn, the whole recording hasn't been transcribed and that is what is missing. For some inexplicable reason it wasn't typed. It's a very rare occurrence. No-one foresaw there could be a big chunk that has not been transcribed,” Baloyi said.

Judge Ratha Mokgoatlheng had previously raised concern about the long delay in cross-examining Mangena, especially given the crucial evidence he tendered to the court.

Mangena, who testified on evidence about the alleged murder weapon eight months ago, is yet to be cross-examined.

His evidence linked the gun to Mthobisi Prince Mncube.

Mncube, Muzikawukhulelwa Sibiya‚ Bongani Sandiso Ntanzi‚ Mthokoziseni Ziphozonke Maphisa and Fisokuhle Nkani Ntuli are accused of murdering Meyiwa. 

All have pleaded not guilty.

Last August, Mangena's cross-examination was halted for the defence to consult its ballistics expert to counter his evidence.

Mangena, who was also involved in reconstructing the shooting of Reeva Steenkamp by Paralympian Oscar Pistorius and that of whistle-blower Babita Deokaran, confirmed to the court that the gun found on Mncube when he was arrested in a separate matter in 2015, a year after Senzo Meyiwa's killing, is the same one that killed Meyiwa.

He testified he was able to determine this after examining the projectile found on the kitchen counter at the crime scene and test bullets fired from the gun found in Mncube's possession.

Mangena testified the bullet that struck Meyiwa “perforated his body and hit the door behind him”.

He said the shooter was probably in front of Meyiwa and the firearm in contact with his chest. He said he could not rule out the possibility of an altercation or struggle between Meyiwa and the shooter.

The court has instructed that the transcription be made overnight and provided on Tuesday morning.

The matter has been postponed to Tuesday.

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