Reasonable doubt? Defence continues to poke holes in Senzo Meyiwa crime scene evidence

State witness Lieutenant-Colonel Thobeka Mhlahlo testified in court that no fingerprints were found on the kitchen door of the Vosloorus house where footballer Senzo Meyiwa was fatally shot in 2014.

On Wednesday, the crime scene forensics expert also admitted under cross-examination by the defence counsel at the North Gauteng High Court, in Pretoria, that a bullet projectile was never swabbed for DNA profiling.

The spotlight once again turned to the failure of the police to secure the crime scene and whether the ballistic evidence was “planted”.

ALSO READ: Senzo Meyiwa trial: No bloodstains found on bullet projectile, witness tells court

Fatal Vosloorus night for footballer Senzo Meyiwa

The former Bafana Bafana captain and Orlando Pirates goalkeeper was fatally shot in the chest during an alleged botched robbery at the home of his then-girlfriend and singer Kelly Khumalo’s mother, Ntombi, in Vosloorus on 26 October 2014.

Khumalo’s sister, Zandile, Zandile’s then-boyfriend Longwe Twala and two of Meyiwa’s friends – Mthokozisi Thwala and Tumelo Madlala – who were visiting from KwaZulu-Natal, were present when two intruders allegedly entered the house.

Meyiwa crime scene tampering? ‘No comment on that’

Mshololo questioned Mhlahlo about the possibility of tampering with evidence when the first two police responders found singer Kelly’s police officer uncle Themba Khumalo at the house and rushed to the Botshelong Hospital before cordoning it off.

Mshololo: Were you told that there is a gentleman by the name of Themba Khumalo who remained on the scene and had house keys?

Mhlahlo: I was never told of that.

Mshololo: But such a person could remove or place things in the house? I am not saying you know Mr Themba Khumalo. I am saying if the person is left with the key, there is a possibility that person could tamper with the scene?

Mhlahlo: No comment on that.

Mshololo: Good answer.

Last week, the state indicated that it was going to call Kelly’s uncle to testify in court.

ALSO READ: Senzo Meyiwa trial: An unsecured crime scene, Kelly’s cop uncle and MaKhumalo with ‘that hat’

Why no fingerprints were taken

This week, Mhlahlo’s forensics colleague Thabo Mosia told the court that no fingerprints were taken from the door because – being the only entry point into the house – it had been used by several people.

On Wednesday, Mhlahlo provided detailed evidence of how the murder scene was processed from the time she arrived at about 9.10am the following morning up until she left at about 2.30pm.

Mshololo asked Mhlahlo whether any photographs were taken to show where she had checked for prints on the kitchen door.

“I would like to explain. When you arrive at a crime scene looking for fingerprints, you use a brush, you use a powder depending on how the surface is,” Mhlahlo replied.

“Before doing all of that, there is touch light we use to look for fingerprints, then you powder your scene, then if there are no prints found, you do not lift and if there are prints seen, then you capture them. I can confirm that on that door, there were no fingerprints.”

Meyiwa bullet mystery

Mshololo then raised the defence’s assertion that a bullet found at the Vosloorus was planted.

“So you discovered a bullet next to the door that was being used by a lot of people moving in and out?” Mshololo asked. 

Mhlahlo replied: “Behind the glass jars, behind the door.”

Mshololo said Mosia had told the court that he inspected the same area and found no bullet.

“After Mosia left, the area was not closed and you came and found a bullet?” the defence advocate asked.

Cop could not find bullet because ‘it was planted’

Mshololo also reminded the court of the testimony of the first state witness and Kelly singer-songwriter sister, Zandile Gumede-Khumalo.

Zandile told the court in July that the area where the bullet was found was “clear and visible enough to even see a fly pass by”.

“I put it to you that the reason why Mr Mosia could not find the bullet is because it was planted by the people who were moving in and out the scene after he had left and before your arrival, because the scene was closed,” Mshololo said.

Meyiwa murder accused plead not guilty in rebooted trial

The five accused in the Meyiwa murder trial – Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Ncube, Mthokoziseni Ziphozonke Maphisa, and Fisokuhle Nkani Ntuli – are facing charges of murder, attempted murder, robbery with aggravating circumstances, unlawful possession of a firearm and ammunition.

They have all pleaded not guilty when the murder trial rebooted on 17 July when Judge Ratha Mokgoatlheng took over from Tshifhiwa Maumela as presiding judge.

The trial continues.