Senzo Meyiwa trial: Defence asks why Kelly Khumalo wasn’t arrested

The defence in the Senzo Meyiwa murder trial has interrogated a police officer regarding the absence of an arrest of the footballer’s former partner and singer, Kelly Khumalo, in connection to his death.

Sergeant Batho Mogola returned to the witness stand for further cross-examination in the Gauteng High Court in Pretoria on Tuesday.

This is after explosive allegations were made by the defence on Monday.

Muzikawukhulelwa Sibiya’s attorney, Thulani Mngomezulu claimed that Longwe Twala, the son of musician Chico Twala, was responsible for Meyiwa’s murder.

Twala was one of the individuals present in the Vosloorus residence, where Meyiwa was fatally shot on 26 October 2014.

Mngomezulu put it to Mogola, who was one of the investigating officers in the murder case, the evidence the state has against the five men accused was fabricated.

Meyiwa murder suspect

Continuing with the cross-examination on Tuesday, Bongani Ntanzi’s legal representative, Sipho Ramosepele took Mogola through warrant officer, Amanda Steenkamp’s affidavit.

Steenkamp conducted interviews with the occupants of the house regarding their descriptions of the suspected intruders, which included Tumelo Madlala and Zandile Khumalo, who is Kelly’s sister.

Both Zandile and Tumelo previously identified Ntanzi as one of the armed intruders in their testimony before court.

Ramosepele told Mogola that Steenkamp’s affidavit painted a common thread of the occupants being unable to describe the second intruder, who was allegedly wearing a hoodie.

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“We know that here in court that second suspect was attributed to be accused two,” the attorney said.

In her response, Mogola stated that she did not submit any affidavit concerning Steenkamp’s statement.

“I have also never had an encounter with the person that deposed that affidavit. So I am not in a position to comment about what is being put to me,” the witness said.

State prosecutor, George Baloyi later objected to the defence’s line of questioning, saying some of the occupants have already testified about the identification of the suspects.

Watch the trial below:

Judge Ratha Mokgoatlheng also highlighted to Mogola the accusation levelled against her and the rest of the investigating team of being involved in a cover-up.

“There is no cover up which I was involved in,” Mogola replied.

Ramosepele pressed on the matter, Zandile’s detailed description of the second suspect given during her testimony was not communicated to Skeenkamp when the identikit was being compiled.

But Baloyi objected again.

“This can be left for [closing] argument.” the prosecutor said.

Second docket

Advocate Zandile Mshololo, representing Fisokuhle Ntuli, questioned Mogola about the infamous second docket.

It was previously heard in court that docket 375 recommended that Kelly and the other occupants be charged with murder and defeating the ends of justice.

Mogola said she initially wasn’t aware of the existence of a second docket, which was compiled by warrant officer, Meshack Makhubo and Colonel Joyce Buthelezi separately from the main docket 636.

“I came to know about the docket simply because I am responsible for bringing dockets to court,” the officer testified.

READ MORE: Senzo Meyiwa trial: State tells court that cop’s evidence on second docket is hearsay

Furthermore, Mshololo inquired of the witness whether she was cognisant of the draft warrant application for Kelly’s arrest.

“Are you aware as to why that application for the warrant of arrest has not been authorised against Ms Kelly Khumalo?”

Mogola indicated that she had no knowledge of it.

She added that she was not aware of the alleged communication between Ntuli and Kelly.

“For arguments sake, if it can be proven or it can be said that there was communication between Ms Kelly Khumalo and Mr Ntuli, is there an offence according to your knowledge as part of the investigating team?” Mshololo asked.

“I have no comment,” Mogola responded.

Kelly phone call

It is alleged that Kelly received two phone calls from Ntuli prior to his murder as per the testimony of cellphone data analyst, Colonel Lambertus Steyn.

The first call was made on 2 August 2014, followed by another on 15 October 2014.

According to Ntanzi and Sibiya’s confession statements, Khumalo ordered the hit on Meyiwa.

Ntanzi, Sibiya, Ntuli, Mthobisi Mncube and Mthokoziseni Maphisa are on trial for the footballer’s murder.

All five men have pleaded not guilty to charges of premeditated murder, attempted murder, armed robbery, illegal possession of a firearm and the illegal possession of ammunition.

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