Issues of crime scene tampering following the murder of Senzo Meyiwa are expected to come under the spotlight at the North Gauteng High Court in Pretoria.
The first witness in the matter, Sergeant Thabo Mosia, is currently giving evidence on, among others, the hat he found on the scene, the bullet hole on the kitchen door, the bullet jacket he found in the kitchen as well as the swabs he collected on the scene.
Mosia has told the court that they found the 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.
According to the evidence expected to be led by the state, Meyiwa died as a result of a contact shot that went through his chest and exited at his back, hitting the back of the kitchen door which the former goalminder is believed to have been standing against.
“A forensic pathologist will prove the death of the deceased is consistent with contact bullet entrance wound, involving the heart and lung. (He will also testify that) the wound at the back is consistent with a bullet exit wound with a downward trajectory,” says Baloyi.
“But more importantly, we will seek to prove through the ballistic expert that the spent bullet found near the kitchen door matched the firearm that was found in possession of accused No. 3 in a room he occupied with his girlfriend in Malvern.”
Asked by Judge Tshishiwa Maumela to comment on whether there was a chance of crime scene tampering, Mosia said he would comment on the matter later during his testimony.
Earlier, 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, counsel for accused No.: 1 to 4 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,” says Moonsamy.
#KellyKhumalo‘s lawyer, Magdalene Moonsamy explains her presence at the North Gauteng High Court in Pretoria where the #SenzoMeyiwa murder trial is ongoing. Khumalo is NOT one of the accused and has not been charged. #SABCNews #SenzoMeyiwatrial pic.twitter.com/qiIKjn9L8r
— Sipho King K Kekana (@KingKAzania) April 22, 2022
Moonsamy would not be drawn into saying whether they will institute lawsuits against those who might have been involved in reputational damage by allegations of Khumalo being involved in the murder of Meyiwa, which has been a hot topic of public opinion since the incident eight years ago.
#KellyKhumalo‘s lawyer, Magdalene Moonsamy explains her presence at the North Gauteng High Court in Pretoria where the #SenzoMeyiwa murder trial is ongoing. Khumalo is NOT one of the accused and has not been charged. #SABCNews #SenzoMeyiwatrial pic.twitter.com/qiIKjn9L8r
— Sipho King K Kekana (@KingKAzania) April 22, 2022
After several applications which delayed the start of the commencement of the trial two weeks ago, the trial finally got underway last Friday with the five accused pleading not guilty to murder, attempted murder of other witnesses, robbery with aggravating circumstances, unlawful possession of a firearm, and possession of ammunition.
Two years ago Muzi Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Ziphozonnke Maphisa, and Sifisokuhle Ntuli were charged.
On Monday, the state called their first witness, Sergeant Thabo Mosia – one of the police officers to attend to the crime on the night of 26 October 2014.
Senzo Meyiwa murder trial: