Police ‘did not take’ crucial evidence which could tell if Meyiwa was killed by one of those in the house

State witness Thabo Mosia has admitted that the investigation team that attended the Senzo Meyiwa murder scene did not take crucial evidence which could tell if the gunshot that eventually killed the Orlando Pirates goalkeeper was by one of the seven people who were in the house. 

According to Mosia, they did not conduct gun power residue tests on the people who were in the house, which he has also admitted could tell if the trigger was pulled by one of those who were in the house and not an intruder. 

He says he elected not to do so because he was not instructed to conduct those tests by Ndlovu.

Mosia has further conceded that due to failure to take gun shot residue from those who were in the house it cannot be said if the gun shot was by one of the people who were in the house.#SABCNews #SenzoMeyiwatrial #SenzoMeyiwatrial pic.twitter.com/5FPM8laW1d

— Sipho King K Kekana (@KingKAzania) June 3, 2022

He says he never bothered to ask the people who were in the house where exactly in the house Meyiwa was shot, instead of relying on information by Brigadier Ndlovu, who was not there when Meyiwa was shot. 

Adv Mshololo has described as “hearsay” Mosia’s evidence from the crime scene, which he collected under the guidance of Brigadier Ndlovu was also not present during the shooting. #SABCNews #SenzoMeyiwatrial #SenzoMeyiwa pic.twitter.com/GwOCnWKyWv

— Sipho King K Kekana (@KingKAzania) June 3, 2022

Since Tuesday, counsel for accused 5, Advocate Zandile Mshololo has been painting a picture of poor crime scene management and possible crime scene tampering as well as the possible planting of evidence to implicate the accused and cover up for those who were in the house when Meyiwa was shot.

Mshololo: “Is it true that the same Brigadier Ndlovu who didn’t you address to the crime scene, was the same one you found at the scene?

Mosia: “Yes!” #SABCNews #SenzoMeyiwatrial #SenzoMeyiwa pic.twitter.com/thvb1ZqCVM

— Sipho King K Kekana (@KingKAzania) June 3, 2022

On Tuesday, Advocate Malesela Teffo for accused 1 to 4, sought to paint a picture of a cover-up when he argued that the five accused in the Senzo Meyiwa murder trial were mere scapegoats and the suspects should be the seven people who were at Kelly Khumalo’s mother’s home in Vosloorus on the night the soccer star was murdered in October 2014.

He based this on the existence of a second docket that lists the seven people at Khumalo’s home as suspects. 

According to the docket, Longwe Twala, Kelly Khumalo, Gladness Khumalo, Zandi Khumalo, Tumelo Madlala, Mthokozisi Twala, and Maggie Phiri are listed as suspects. 

Longwe Twala, listed in it as accused number 1, is suspected to have pulled the trigger while Khumalo it reveals should be charged with defeating the ends of justice for “hatching a plan to say they were robbed by unknown gunmen,” while Phiri is accused as having “cleaned the crime scene before the police could arrive.” 

It is understood the National Prosecution Authority (NPA) has not moved to charge anyone based on the second docket, and only moved to prosecute on the basis of the first docket with the version that gunmen had entered the house, demanded cell phones, and shot Meyiwa following a scuffle. 

Advocate Mshololo says the defense will call upon a witness that will testify that Phiri, one of the possible suspects in the second docket, was seen cleaning alcohol from the crime scene.  

Mosia says he never noticed anything like that when he was at the house. 

The trial got off to a rocky start on Friday morning with Adv Teffo telling the court that it would be a futile exercise to continue with the Mosia’s cross-examination, requesting what he termed “a trial within a trial.”

He argued that the rights of his clients were violated by the state when they were not read their rights and were also allegedly assaulted when a confession was retrieved from them coming short of saying the entire case before the court was flawed and should not have commenced in the first place.

For a couple of days last week until Tuesday earlier this week, Teffo spent time cross-examining Mosia, which today he now says shouldn’t have happened blaming it on oversight on their part. 

Advocate Mshololo rejected Teffo’s assertion that continuing with cross-examination would be futile, with the judge eventually rejecting Teffo’s request. 

Teffo has indicated that they will on Monday bring a formal application for the “trial within a trial” to address the violation of his client’s rights.

The judge has rejected Adv Teffo’s request for the matter not be heard further at the North Gauteng High Court in Pretoria.

“If there are confessions that are contended, we will cross that bridge when we get there.”#SABCNews #SenzoMeyiwatrial #SenzoMeyiwa pic.twitter.com/V1eNXV5wDQ

— Sipho King K Kekana (@KingKAzania) June 3, 2022

However, matters had to be stood down, when Mosia seemed to be struggling on the stand, and the case was postponed to Monday.  

In the event, Mosia is not cannot continue with the case on Monday another witness may have to be called and Mosia at a later stage when he is ready to take the stand again.  

The state is asking for the adjournment of the proceedings, stating that state witness Thabo Mosia has taken medication that causing “a little bit of disorientation”. This after a brief adjournment to allow Mosia to rest and gather himself.#SABCNews #SenzoMeyiwatrial #SenzoMeyiwa pic.twitter.com/7ShaKJoyb8

— Sipho King K Kekana (@KingKAzania) June 3, 2022

State witness Sgt Thabo Mosia takes ill, trial adjourned until Monday:

Senzo Meyiwa murder trial:

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