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Forced confessions the only link of clients to the crime: Teffo

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Incriminating confessions allegedly obtained from the Accused 1 Muzi Sibiya and accused 2 Bongani Ntanzi in the Senzo Meyiwa murder trial have come under the spotlight at the North Gauteng Court in Pretoria. 

Counsel for accused 1 to 4, Advocate Malesela Teffo, spent much of the morning challenging the admissibility of the said confessions, raising with the manner in which they were obtained.  

Teffo brought a special plea in the morning for a trial within a trial in relation to the manner in which the confessions were obtained from his clients, arguing that continuing with the trial would be a waste of time as it would be unconstitutional to do so. 

 “We brought the special plea because accused 1 to 4 were assaulted … profusely assaulted to the extent that they bled, before they made the confessions,” argues Teffo. 

According to Teffo, the “forced” confessions are the only thing that is linking his clients to the crime, repeatedly citing the second docket which lists the seven people who were in the house when Meyiwa was shot as suspects. 

Sibiya, Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonnke Maphisa, and Sifisokuhle Ntuli are charged with Meyiwa’s murder, attempted murder of other witnesses, robbery with aggravating circumstances, unlawful possession of a firearm, and possession of ammunition. 

They have pleaded not guilty to all the charges. 

According to Teffo Sibiya incriminated everyone while accused Ntanzi was also taken to the crime scene and pointed out where everyone was during the commission of the crime. However, Teffo says these confessions should not be admitted as evidence in court and his clients had no choice but to incriminate themselves.  

Judge Tshifhiwa Maumela has refused to engage with the contents of the confession, stating that the confessions had not yet been brought before the court and that only after they have been brought would the court entertain the manner in which they were obtained.  

“At this time, only you have the confessions. They are not before this court.”  

Responding to Adv Teffo’s argument that the people who were in the house when the former Bafana Bafana goalkeeper was murdered be brought before the court for trial, Judge Maumela says he has no powers to instruct the National Prosecution Authority who to charge.  

According to the docket, Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala, and Maggie Phiri are listed as suspects. 

Longwe Twala, listed in it as Accused No.: 1, is suspected to have pulled the trigger while Khumalo it reveals should be charged with defeating the ends of justice for “hatching a plan to say they were robbed by unknown gunmen,” while Phiri is accused as having “cleaned the crime scene before the police could arrive.” 

It is understood the National Prosecution Authority (NPA) has not moved to charge anyone based on the second docket, and only moved to prosecution on the basis of the first docket with the version that gunmen had entered the house, demanded cell phones, and shot Meyiwa following a scuffle. 

After pleading to be allowed to continue with her cross-examination of Sergeant Thabo Mosia, Advocate Zandile was eventually granted the opportunity to resume her cross-examination, zooming in on Mosia’s qualifications at the time he attended the scene. 

“Did you attend as an expert or what?” charged Mshololo. 

“I went at the scene of the crime as an expert, my lord,” responded Mosia.  

“Did you do any study or training in forensic investigations?” 

Mosia responded, “I did BTech in forensic investigations in 2019.” 

However, Mshololo was quick to point out that the crime happened in 2014, making the 2019-obtained qualification irrelevant to the matter in court.

“In 2008 I did internal (forensic) training at the local criminal centre and I became a criminalistic expert in 2013,” clarified Mosia, with Mshololo asking him to bring certificate proof to this effect to court tomorrow. 

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