THE EXPLOSIVE COMMENT came during cross examination by defence lawyer Advocate Malesela Teffo.
While questioning state witness Sergeant Thabo Mosia, he said:
"I put it to you that an eyewitness will testify that Senzo Meyiwa was allegedly shot by Kelly Khumalo by mistake."
Teffo also said: “The same witness will further testify that the firearm used to shoot Meyiwa came from Longwe Twala.”
Before closing off in the North Gauteng High Court on Wednesday, 1 June, he asked Mosia to comment on claims that the same eyewitness would further testify that a meeting was held on how to conceal, or hatch the plan, of avoiding saying how Senzo was killed.
Teffo added: “The same eyewitness will also say these efforts of removing the body from the scene is about the furtherance of concealment of the murder by dumping him at Botshelong Hospital.”
Mosia said he couldn’t comment on the meeting that allegedly took place between senior Gauteng officers, including former safety MEC Sizakele Nkosi-Malobane, at the crime scene after the shooting.
Advocate Zandile Mshololo, representing accused five, started her cross-examination by focusing on the number of statements Mosia had made, the reason for his delay to arrive at the scene and responses given to court.
Mosia told the court that when he arrived, he told everyone to leave the house.
He said only himself and late Brigadier Ndlovu remained inside. Ndlovu showed him how the crime had transpired.
When asked how he knew Ndlovu showed him the right places, Mosia said he could not comment.
Mosia also told the court that when he left the house in Vosloorus on 27 October 2014, he handed the crime scene back to Ndlovu.
He said 12 DNA swabs were taken, including two empty alcohol cans.
He added that he remembered a door where the alleged intruders scuffled with people in the house, and swabs were taken from the handle.
He further said he didn’t take other crucial swabs as he was waiting for the task team, but took the other evidence, such as the hat on the kitchen floor.
“I warned the people inside not to move around the scene, and decided for them to use the bedroom. I don’t have proof that they adhered to my warning and cannot prove they did not contaminate the evidence.”
Judge Tshifhiwa Maumela adjourned the day’s proceedings.
Khumalo’s lawyer, Magdalena Moonsamy, responded to Teffo’s claims in court: “We will release a statement in due course.
“But what was said for now, we see as fixation allegations and haven’t been proven as truth,” she said.
Moonsamy said: "The courts are about proof and so far, we haven't seen any."
