The DNA found on the hat that was found on the floor of the house in which former Bafana Bafana goalkeeper, Senzo Meyiwa was murdered in Vosloorus, believed to belong to the suspect who entered the house and killed Meyiwa, was that of a female.
And the walking stick that Forensic Expert Thabo Mosia found in the house, saying it was one of the things that showed there was indeed a scuffle in the house, was never taken in for ballistic analysis.
These are some of the things raised by counsel for accused number 1 to 4, Malesela Teffo as he tried to demonstrate that the police did a shoddy job in the collection of evidence from the scene of the crime on the night of the murder eight years ago.
Update from court with reporter Hasina Gori:
“I put it to you that the DNA on that hat was of a female person,” says Teffo.
Mosia would not be drawn into commenting on the outcome of the DNA analysis on the hat.
“I won’t be able to answer for any result since I mentioned that the results do not come to me.”
Teffo further interrogated Mosia as to why the stick found in the house was never taken for ballistic analysis to be used as evidence.
Mosia responded that he saw no need to take the stick in for DNA analysis since it was confirmed on the scene that it had belonged to one of the victims in the house.
“I put it to you that the stick was used to assault the suspect,” insisted Teffo.
This prompted the intervention of Judge Tshifhiwa Maumela who asked, “If the stick scratched the suspect wouldn’t that have the suspect’s DNA,” to which Mosia responded, “It could have.”
Delay in reporting to the police
“I think the victims of the crime scene are the ones who delayed to report the matter due to the fact that they had to take the victim to hospital,” says Mosia.
The spotlight was cast on the amount of time between the time Senzo Meyiwa was shot and the time the first forensic expert arrived on the scene.
— Sipho King K Kekana (@KingKAzania) April 26, 2022
According to Mosia’s testimony, he received a call from Brigadier Ndlovu, who informed him of a shooting incident that had taken place around 20h00 on the 26th of October in 2014, at a house in Vosloorus involving former the Bafana Bafana goalkeeper.
Mosia, who boasts 16-year’s experience in the police force and considers himself a forensic expert, says he arrived at the scene 20 minutes after midnight, about four hours after the shooting had taken place.
“I do not suspect any tampering,” said Mosia.
The originality of the information Mosia has was also questioned.
Mosia says he didn’t interview anyone in the house but relied on the information of Brigadier Ndlovu who was the senior of police officers who were on the scene.
“According to information I got, two African males (arrived). One entered while the other remained outside. The suspected in the house demanded money, a scuffle in the kitchen ensued, and (Kelly) Khumalo ran to the bedroom. The suspect tried to push open the door. During the scuffle a shot went off and the suspect fled the scene,” said Mosia.
Mosia added , “I think the information he (Ndlovu) gave to me, he received the information on his arrival. I think so.”
“The only information I usually seek (when I arrived at a crime scene), is the summary of incident and the time it happened.”
Mosia was not aware of the time Brigadier Ndlovu had arrived on the scene.
Earlier, he told the court when he returned to the crime scene in Vosloorus the day after the night of the murder, he felt “the scene was being protected.”
Mosia, who took to the stand on Monday, is continuing with testimony, giving details of how, what, and who he found at the scene as well as how he collected the evidence.
Mosia, one of the first police officers on the scene and the first forensic expert to arrive on scene, has told the court that he found a projectile (front part of the bullet) on top of the kitchen unit behind the glass jar, indicating that it had changed direction after hitting the kitchen door, bullet jacket, a silver walking stick and hat on the floor, all of which form part of the evidence in the case.
After years of not much progress reported on Meyiwa’s murder case, the NPA, in 2020, announced a breakthrough in the investigation when Muzi Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonnke Maphisa, and Sifisokuhle Ntuli were charged with Meyiwa’s murder, attempted murder of other witnesses, robbery with aggravating circumstances, unlawful possession of a firearms, and possession of ammunition.
On Friday last week, all five pleaded not guilty to all the charges.
On Monday, Kelly Khumalo’s lawyer Magdalene Moonsamy was asked to leave the court on the basis that her client could be asked to testify in the trial at a later stage.
While Khumalo has not been charged and is not one of the five accused, she was one of the seven people in the house on the night of the former Orlando Pirates keeper’s murder at her home in Vosloorus.
Last week, Teffo had asked the court to terminate Moonsamy’s watch brief, arguing it gave Khumalo an advantage since Moonsamy would have to go back to her client to give her feedback on court proceedings. At the time, Judge Tshishiwa Maumela dismissed the application.
“I’m waiting for her (#KellyKhumalo),” says Advocate for Accused 1 to 4, Malemela Teffo. Earlier, he tried to challenge the State’s order of witnesses and had also told court Khumalo’s lawyer, Magdalene Moonsamy should not be in court. #SABCNews #SenzoMeyiwatrial #SenzoMeyiwa pic.twitter.com/akRU2kPHPT
— Sipho King K Kekana (@KingKAzania) April 22, 2022
However, this position changed on Monday when all counsels were called to the chambers to deliberate on Moonsamy’s presence in court.
She argued that it made no difference whether she was in court since the court proceeding were broadcast live, making them “public knowledge anyway”. However, Judge Maumela was quick to point that the live broadcast could not be equated to watch brief which meant she would have access to exclusive court papers.
Moonsamy last week told SABC News that her presence in court didn’t imply an expectation on their side that Khumalo would at some stage be charged.
“There is absolutely no way that there is the minimum doubt. That narrative (that Khumalo may be charged) must be removed from society, because the reality is that there are five accused that are sitting in this dock. So, let us focus on the accused, and whether the plea that they have submitted is indeed one that is correct – that is what we need to focus on,” said Moonsamy.
“Let us focus on the accused” #KellyKhumalo‘s lawyer, Magdalene Moonsamy responds to whether her presence in court means there is an expectation that Khumalo may be charged at some point during or after the #SenzoMeyiwatrial. #SenzoMeyiwa #SABCNews pic.twitter.com/JvJccxqLgc
— Sipho King K Kekana (@KingKAzania) April 22, 2022