Four of five accused men in the Senzo Mayiwa murder trial speak to their various legal representatives while sitting in the dock at Pretoria High Court on 17 July 2023. Picture: Gallo Images/Phill Magakoe
The murder trial of former Bafana Bafana captain Senzo Meyiwa saw a heated exchanged between counsel for the defence and state witness in court on Monday.
Colonel Lambertus Steyn, who is the state’s fourth witness in the trial, was cross-examined by the defence in the Pretoria High Court.
Steyn analysed data from the cellphone of the accused in the case and the six people who were in the house at the time when Meyiwa was shot in 2014.
He testified last week that his investigations found the suspects knew each other on the basis that they had communicated before.
In attempting to establish link between Fisokuhle Ntuli (accused five) and his client, Mthobisi Mncube (accused three), Advocate Charles Mnisi on Monday questioned the methods Steyn used to analyse the cellphone data.
Steyn told the court he used information extracted from both the sim card and cellphone.
“Sometimes it can happen that information is stored under the handset and not sim card, but also vice-versa as well,” he responded.
“Let me just put it clear to the court that I use everything which I got in my possession. If I got downloads I use it, if I got cellphone records I use them.”
Steyn said he received the “end product” from Sergeant Moses Mabasa in response to being asked whether he used a sim card or cellphone itself in order to connect Ntuli and Mncube.
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He indicated that he had no knowledge when the contact between the two suspects took place.
“I don’t know. I was not asked to do or check that. I threw everything in the database and then the database will pick up and say there was contact between these two,” he said.
Mnisi put it to Steyn that his client admitted to knowing accused five, but only because Mncube once lived with the suspect’s uncle, Mabhungu Ntuli.
Steyn, earlier in the court proceedings, had conceded he made a mistake in his evidence when he referred to the late Mabhungu Ntuli as accused number five.
The officer had also revealed he received a CD containing the information and a section 205 application from Brigadier Bongani Gininda in April 2020.
The advocate then turned to the pictures, which were allegedly retrieved from Mncube’s phone, which were showed in court last week
The advocate questioned how Steyn was able to identify his client in court and confirm that he was the same person in one of the photos.
Mnisi: “Why are you saying that the person in that photo is accused number three?”
“Because I can recognise that it is the same person, my Lord,” Steyn responded.
Steyn then explained he was able to recognise Mncube through the facial features, even though he currently doesn’t have dreadlocks while appearing in court.
“You can recognise by his nose and everything else… it’s not that difficult.”
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Mnisi quizzed Steyn about Mncube’s light skin complexion, to which he said: “You must be aware that when this photo was taken, he was outside. He was in the sun and now he is custody.”
A brief heated exchange ensued between the pair after Mnisi questioned Steyn’s response.
“Are you a dermatologist,” Mnisi asked.
“My Lord, the witness is saying the colour of a person [changes] when they are outside and when they are indoors. Like a chameleon… is that what you are saying?”
The advocate, however, later conceded that the man whose picture was displayed on the screen was, in fact, that of Mncube.
Following a court adjournment, Steyn expressed his dissatisfaction over Mnisi’s line of questioning as the cross-examination continued.
“It seems to me my Lord that I’m participating in an ID parade in court now. It seems he’s going in the direction where he’s going to show me 20 photos and I must say who is who. I’m not going to participate in that now,” Steyn told the court.
Steyn further refused to answer Mnisi’s questions, Judge Ratha Mokgoatlheng to intervened.
“Let’s make progress,” Mokgoatlheng said.
Steyn was later questioned by Advocate Zithulele Nxumalo, who represents accused four Mthokoziseni Maphisa, and Ntuli’s lawyer, Advocate Zandile Mshololo.
The trial continues on Tuesday.
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