Senzo Meyiwa murder accused wasn’t willing to lodge complaint about assault

A state witness says one of the five men charged with the murder of former Bafana Bafana goalkeeper Senzo Meyiwa was unwilling to officially report the alleged assault he claimed to have experienced.

Brigadier Bongani Gininda’s cross-examination continued in the Gauteng High Court in Pretoria on Wednesday.

A trial-within-a-trial is taking place to determine the admissibility of confession statements, pointing out and warning statements by the accused in the main trial.

Assault claims

Gininda was questioned about accused one Muzikawukhulelwa Sibiya’s assault in custody during the court proceedings.

Sibiya, who was arrested on 30 May 2020 in Tembisa, has claimed that he was assaulted and tortured by police who forced him to sign a pre-written confession statement.

According to the defence, the accused was beaten on multiple occasions including an incident where Sibiya allegedly soiled himself.

On Wednesday, Advocate Zandile Mshololo, counsel for accused three Mthobisi Mncube, asked why Sibiya’s assault was not referred to Independent Police Investigative Directorate (Ipid) in terms of the Ipid Act.

However, Gininda, the lead investigator in Meyiwa’s murder case, told the court that he took steps to look into the accused’s claims.

ALSO READ: Cop says Senzo Meyiwa murder accused didn’t ‘mess up his pants’ after assault

The investigating officer explained that Sibiya needed to lodge a formal complaint, make a statement and then a docket on the assault would be registered before the matter is referred to Ipid.

“The feedback I got was that accused one was not willing to [make a statement]. Subsequent to that, all relevant entries showed that he was not assaulted,” he said.

“Now in the absence of the complaint, what do you prefer my Lord,” Gininda continued.

It was previously revealed by the defence that during Sibiya’s appearance at the Tembisa Magistrate’s Court on 19 June, the suspect asked the presiding officer to be detained at a correctional centre because he had been assaulted at the Silverton Police Station in Pretoria.

The defence also argued that Sibiya should have been detained in Tembisa instead.

Watch the trial below:

While Mshololo insisted on the matter not being referred, state prosecutor George Baloyi pointed out the Ipid Act and its regulations required complaints to be lodged formally.

“It’s very dangerous to read the Act in isolation… it must be read in conjunction with the regulations which makes it clear that a complaint must be in writing as the witness has testified,” Baloyi said.

READ MORE: Senzo Meyiwa trial: Investigator denies offering accused R3m to implicate ‘right people’

But the defence lawyer continued with her cross-examination.

“Brigadier, I put it to you that if you had complied with the provision of this section independent members of Ipid would have been appointed to approach the accused, obtain the necessary statement and also to do further investigations,” Mshololo said.

Gininda disagreed.

“That’s not correct. You need to have a complainant statement to understand the allegations that has been made. What do I comply with when you don’t have an existing document or even an eye witness who says I have witnessed such an assault.”

Not guilty

Sibiya, Mncube, Bongani Ntanzi, Mthokoziseni Maphisa and Fisokuhle Ntuli are on trial for Meyiwa’s murder.

The former Orlando Pirates goalkeeper was fatally shot by armed intruders at the Vosloorus family home of his then-girlfriend, singer Kelly Khumalo, on 26 October 2014.

All five men have pleaded not guilty.

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