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Senzo accused beaten and forced to confess

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Advocate Zandile Mshololo continued with her cross examination of forensic expert Sergeant Thabo Mosia.        Photo byKgomotso Medupe
Advocate Zandile Mshololo continued with her cross examination of forensic expert Sergeant Thabo Mosia. Photo byKgomotso Medupe

FORENSIC expert Sergeant Thabo Mosia testified that he’s the only one left to testify on the crime scene where Bafana Bafana and Orlando Pirates goalkeeper and captain, Senzo Meyiwa, was shot and killed.

Mosia was responding to the cross examination by defence lawyer, Advocate Zandile Mshololo, at the North Gauteng High Court on Monday, 6 June.

Five men are accused of killing Meyiwa on 26 October 2014 at singer Kelly Khumalo’s mother’s house in Vosloorus, Ekurhuleni.

The suspects, Mthobisi Mncube, Muzikawukhulelwa Sibiya, Bongani Ntanzi, Mthokoziseni Maphisa and Sifiso Ntuli, pleaded not guilty to the charges of murder, attempted murder, armed robbery, possession of an unlicensed firearm and possession of ammunition.

Yesterday, the trial began with a special plea filed by defence Advocate Malesela Teffo.

Teffo wanted to pause the cross- examination on Mosia by Mshololo because of what he referred to as a constitutional infringement of his clients’ rights.

He alleged that one of the accused was beaten up by the police, who forced him to confess to Meyiwa’s killing.

Teffo said accused one and two were left with no choice but to also write a confession.

He added that the State has about 130 witnesses, which Teffo said he doubts that the State witnesses were genuine.

Judge Tshifhiwa Maumela told the court that Teffo had cross examined Mosia and was not interrupted at all, adding thatMshololo never interrupted.

“Mshololo has asked for protection from the court to continue with cross examination,” said Maumela.

Judge Maumela said: “After listening to counsel, the court orders that Mshololo continues with cross examination.”

He said the court was open that afterwards, and they’ll see what State Prosecutor George Baloyi would do if he brought any confessions.

Continuing with the cross examination, Mosia told the court that he was the first forensic officer to arrive at the scene after the former Gauteng head of detectives, Brigadier Philani Ndlovu, instructed him to do so.

He added that the following day, he found a Lt Col Zwane from the Vosloorus Police Station at the Meyiwa’s scene.

Mosia also told the court that he heard that Ndlovu was no more.

“So you’re the only one left to testify on the crime scene when you first arrived,” Mshololo asked, to which Mosia agreed.

Mshololo went on to dig into Mosia’s qualification and expertise at the time of the shooting, and how he handled the murder scene. The court was adjourned until today.

Adv Mshololo asked whether Mosia attended the Meyiwa crime scene as an expert or not.

He responded, by saying he went to the scene of crime as an expert, a qualified expert.

Mshololo asked Mosia to repeat his qualifications received in 2008, to which Mosia responds that he received a basic forensic course.

He said: “In 2013, I completed training, and I was credited with criminalistic expert certificate.”

Mshololo reminded Mosia of his Friday testimony that he didn’t take gunshot residue from the survivors on the night of Meyiwa’s murder.

He responded that when he arrives at a scene, he is an assistant to the detective he finds at the scene.

Mosia said he takes information and instructions from the senior officers at the scene.

“There is no need for me to do the gunshot residue test because the officer at the scene did not see a need for one.

“Besides the senior officer, the detective I find at the scene would have interviewed the people who have been at the scene of crime prior to my arrival,” Mosia responded.

Mshololo referred to paragraph 12 which deals with a witness who arrived with Maggie Phiri and Gugu Ngobeni, and the witness said there was water on the floor and into the passage.

The witness wrote that she asked why Maggie Phiri was picking up the empty alcohol, and Maggie Phiri said she “didn’t want the police to see that people were drinking.”

Mshololo now pulled up another statement, which she said she will not read the name out of the witness.

“I further heard my mother saying, ‘Ma Phiri, why are you cleaning before the police arrive,’” reads the statement from the second witness.

“This is a person confirming the tampering of the crime scene, cleaning the crime scene?” Mshololo asks, to which Mosia responds: “I understand.”

Mshololo said another witness said that Kelly Khumalo gave her son a phone. The cellphone, the witness added it belonged to Senzo.

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