Judge Ratha Mokgoatlheng during the Senzo Meyiwa murder trial at Pretoria High Court on 17 July. Picture: Gallo Images/Phill Magakoe
The defence has suffered a brief loss in the Senzo Meyiwa murder trial after the Gauteng High Court in Pretoria ruled the state can re-examine a witness on car tracking evidence.
The court on Monday heard arguments in a trial-within-a-trial on the use of car tracking evidence from the police vehicles that were used to transport Bongani Ntanzi to make a confession.
The state made an application last week for the automatic vehicle locator (AVL) report to be admitted as evidence, which was objected to by the defence.
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According to the defence, police made several stops where Ntanzi was assaulted and suffocated before being escorted to a police station to make a confession statement.
Ntanzi made a confession about his alleged involvement in Meyiwa’s murder at the station before Colonel Moholo Solomon Raphadu on 19 June 2020.
The second confession statement was taken down by Magistrate Vivian Cronje five days later.
Delivering his ruling on Monday morning, Judge Ratha Mokgoatlheng said the report was not new evidence as Ntanzi’s claims of being assaulted in various places have been heard in court.
The judge said the court must hear all the evidence if it was relevant.
“This evidence obviously assist the court in ascertaining in where the truth lies,” he said.
Citing a Supreme Court of Appeal (SCA) judgment, Mokgoatlheng said the state was able to re-open its case and further cite as evidence if there was “cogent reason and exceptional circumstances” of a witness.
“If it’s in the interest of justice, the SCA was held that exigency should be allowed.”
READ MORE: Senzo Meyiwa trial: Defence argues accused thought he was going to be released
The judge said the court had a duty, if the constitutional rights of an accused person were being transgressed, to refer the matter to the relevant authorities.
“Consequently, that is why this court must have access to all evidence in order to traverse the evidence objectively.”
He indicated that there was no time where one can argue the state can no longer investigate once the matter was before a court.
“It is unfair to accuse Mr [George] Baloyi of having dragged his feet and not having, as Mr [Thulani] Mngomezulu states, made it a point that he investigates before charging the accused.”
Mokgoatlheng also said Ntanzi won’t be prejudiced if the evidence was lead as the manufacturers of the AVL system could be called to testify.
“By the way, the accused through their counsels are entitled to cross-examine that witness who is going to testify on the efficacy and the utilisation of that AVL machine.”
The judge, therefore, ruled that the state was allowed to lead evidence on the report.
The state then resumed the re-examination of Sergeant Vusumuzi Mogane on the AVL report. The trial will continue on Tuesday.
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