THE defence lawyers on the Senzo Meyiwa's trial within a trial were on a mission on Tuesday, 30 January.
They poked some holes in the evidence presented by lead investigator Bongani Gininda last week in the North Gauteng High Court.
The defence team represents five men accused of killing the former Bafana Bafana and Orlando Pirates captain, Meyiwa in 2014 at his then girlfriend Kelly Khumalo's home in Vosloorus, Ekurhuleni.
Advocate Zandile Mshololo who represents accused five Fisokuhle Ntuli, and Advocate Zithulele Nxumalo for accused four Ziphozonke Maphisa, cross-examined Gininda following the shocking testimony he gave last week which implicated singer Kelly.
Mshololo questioned why Gininda rushed to take the alleged confession from accused one Muzi Sibiya.
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“If this is correct and the accused has indicated that he freely and voluntarily that he wants to make a statement, why was it done at night? Why didn’t you wait for the following day for the accused statement to be taken,” she asked.
Gininda responded by saying that the accused had a right to give a statement at any time of the day.
“If there is someone who wants to confess in a complex matter that I’m seized with, he is aware of his constitutional right. If he wants to make his confession freely and voluntarily and one makes an attempt to find an independent officer and that person is found, why delay taking that? I’m not aware of a provision that says you must delay until morning,” he said.
Nxumalo asked how Gininda remembered confessions of three years ago from accused two, Bongani Ntanzi, on 18 June 2020.
Gininda said: "I did indicate that I noted it down on my diary subsequent to that a confession was made the next day on the 19th of June."
Previously, the court heard that some of the accused were beaten and forced to confess.
The court was also interrupted by a long delay.
Advocate Mshololo is expected to continue cross-examining Gininda on Wednesday, 31 January.
