Meyiwa murder trial: Defence wants Dr Irvin Khoza to testify about who shot Senzo

Defence lawyer advocate Thulani Mngomezulu, for accused number 1 Muzi Sibiya, on Monday told the Gauteng High Court in Pretoria that he believed the evidence in the Senzo Meyiwa murder case was “cooked”.

Mngomezulu said he planned to subpoena singer Kelly Khumalo and Longwe Twala’s father Chicco Sello Twala to testify in the court.

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Although the state had no plans to call Khumalo as a witness, Chicco was on its witness list.

Investigating officer in the Senzo Meyiwa case, Sergeant Batho Mogola, was being cross-examined by Mngomezulu, who accused the investigating officers of cooking the evidence in the case.

Although the shooting took place in 2014, Mogola told the court she only started investigating the case in 2018. However, the there were prior investigations happening before her appointment in 2018.

Mngomezulu took issue with the fact that when Mogola started investigating, she did not get statements from the Meyiwa family or Mr Hlophe, Meyiwa’s brother-in-law.

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“There is something I want to put across to this court about the investigations. The purpose of these questions is to demonstrate to this court that the investigation that you conducted is far away from the truth of what happened on the 26 October 2014. I will demonstrate that,” said Mngomezulu.

“Then why are we sitting here? Warrants were authorised, that’s why we’re here today. The warrants were based on evidence that was presented,” Mogola hit back.

“I am going to differ with you, but I’m going to demonstrate it to you, don’t worry. I’m not in a hurry. There is no way you could not know that Brigadier Gininda interviewed the Meyiwa family.”

However, Mogola said there was no way she could know all Gininda’s movements as he would sometimes continue with the investigation while she was tasked with others.

Statements on Kelly Khumalo, Longwe and Irvin Khoza

Although Mogola admitted to have been the one who commissioned a statement which mentioned Kelly Khumalo being accused number 6 in the case, she said she did not know everything that was contained in it.

Asked Mngomezulu: “It’s not new to you that there was a sixth person in terms of Gininda’s statement, that Kelly Khumalo was also implicated?”

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“Only Brigadier Gininda can come and account on his statement,” she said.

“I am confident enough to tell this court that the investigation that you conducted is far from the truth. I will prove it to this court. The people that were reported to immediately after the shooting was the family of Senzo Meyiwa and you didn’t take any statement from them, or interview them.”

Mogola insisted she did not take statements from the Meyiwa family because she had not been instructed to do so.

“Do you know about the report made by Tumelo Madlala made to Mr Hlophe, the brother-in-law of Senzo Meyiwa that Zandi Khumalo’s boyfriend is the one who shot Senzo Meyiwa?”

Watch the court proceedings below:

The state interjected before Mogola could respond, arguing that Madlala had denied ever talking to Mr Hlophe. The state argued Madlala never said what the defence attributed to him.

“I will bring evidence from Mr Hlophe that he received a call from Tumelo Madlala. What is gathered on the statements is that the person who shot Senzo Meyiwa that evening was Longwe Twala. I will bring a witness to this effect,” sad Mngomezulu.

When Mngomezulu insisted that the person who killed Meyiwa was not among the five in court, Mongola said the people who killed him were in the court, according to the state evidence.

“Witnesses have testified that three shots were fired in that house. And these shots were not fired from a 9mm but a revolver. This evidence is part of the cooking of this evidence. They all cooked this evidence. They know who they are protecting. Everything is a cover-up here,” said Mngomezulu.

“I view that as an insult when you say we have cooked. We are not bored to cook something and present it before the court of law. We’re here for the evidence to be tried,” said Mogola.

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“Senzo was shot, according to the evidence I have as a defence, when he was separating Longwe and Zandi who were fighting,” Mngomezulu.

“Longwe, when he came to Kelly Khumalo’s house, he was drunk and in possession of a 38 special revolver. According to my witnesses, there were three shots that were fired and there were three people that were injured as a result. Senzo shot dead, Longwe shot himself in his ankle and the other shot is the one that was fired on the floor, and as a result, Zandi was injured.”

Sifiso Meyiwa’s statement

The defence called for Sifiso Meyiwa’s statement to be read in court.

Reads the statement: “The deceased in this case, Senzo Meyiwa, was my biological brother. I have submitted three or less statements to different police detectives between 2014 and 2018.

“Mr Irvin Khoza told me in 2014 that the story that robbers entered the house and shot my brother was not true. It was a story given to the media but it was not the real story.

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“I was in Kempton Park to prepare my brother’s funeral on 28 October 2014, on the same day, Mr Rufus dropped me off at the Orlando Pirates offices and took me to the reception area.

“After a while, Mr Irvin Khoza came and his son who was driving a Porsche Cayenne. Mr Irvin Khoza told me we were going to choose a coffin. We reached funeral parlour and the coffin was chosen.

“My sister-in-law Mandisa was also present when the coffin was chosen. I would like to state that Mr Irvin Khoza told me that Senzo Meyiwa, my brother, was not shot by robbers. These were the actual words of Mr Irvin Khoza.

“Senzo Meyiwa was not shot by intruders. He was shot by mistake, there was a fight between Zandi and her boyfriend. I would like this matter to be investigated as to who told Mr Irvin Khoza this as to what happened inside the house when my brother was killed.”

Although the state interjected again and told the court Khoza had submitted a statement refuting this version of events, Mngomezulu argued that submitting a statement was not the only way to refute statements before the court.

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“That’s not the only way to refute this. Among the witnesses that the state is planning to call, Mr Irvin Khoza is not there. May I submit to say Dr Irvin Khoza enjoys no privilege not to come and testify. He should be subpoenaed to come and confirm or refute this.”