The High Court in Pretoria has ruled that a statement by the late police general Johan Ndlovu can be read into the record in the Senzo Meyiwa trial.
The defence brought an application for the statement to be read but the state opposed the move. Advocate Zandile Mshololo, who represents accused number 5, brought the application for Brigadier Johan Ndlovu’s statement to be read into the record, citing contradictions between Ndlovu and forensic detective Thabo Mosia’s statements.
Ndlovu passed away before the trial began.
Mosia who is currently under cross-examination, previously told the court that Ndlovu had called him and later helped him at the scene, but Ndlovu denied this.
State witness, sergeant Mosia testified that Ndlovu pointed out the crime scene and ordered him to go to the hospital where Meyiwa was declared dead. But counsel Mshololo argued Ndlovu’s statement contradicts the evidence of Mosia.
Judge Thsfhiwa Maumela found it was in the interest of justice for the statement to be read, despite the author having passed on.
“Not doing or not allowing that may well come across as an endeavour to sweep aspects under the carpet that is relevant for purposes of this trial It will not assist out criminal justice, such as it will not assist those involved in this trial from investigation up to the trial itself as it is unrolling.”
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Forensic detective Mosia immediately came under fire when cross-examination resumed. Ndlovu’s statement says that he gave Mosia the address where Senzo Meyiwa was killed.
But, Mosia previously told the court he was never given the address by Ndlovu.
Mshololo: When you were testifying you said Brig Ndlovu did not give you the directions?
Mshololo: In this statement, he says I called member and gave him directions.
Mosia: I heard what is said but I disagree with it.
Mshololo: Remember you said as a result because you didn’t get the address you started at the hospital. Why would you go to the hospital if you were given the address?
Mosia: I explained that when I was called the address was not known to me.
Mosia was also grilled on his previous testimony where he said Ndlovu had assisted him at the crime scene.
Mshololo will continue the cross-examination on Wednesday, trying to poke more holes in Mosia’s testimony.